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Labour Court rejects Michael Power's €1,480.80 sick-pay appeal against HSE Mid West

By Donal Gilhooly

Historic decision · Decision date:

Place: no local area assigned from the source.

The Labour Court rejected porter Michael Power’s appeal over €1,480.80 in sick pay claimed from HSE Mid West, leaving in place the finding that his complaint was not well founded. The determination was signed on 29 April 2016. The Court found the sick pay was not wages properly payable under the Payment of Wages Act because Power had not met the weekly medical-certificate conditions of the employer’s discretionary scheme.

Power said he kept his supervisor updated through weekly voicemails and that porters could submit certificates on returning from extended sick leave. HSE Mid West relied on its attendance policy, which required follow-up certificates each week for access to the sick-pay scheme.

The Court did not need to consider Power’s separate argument that the employer had failed to give advance written notice of a deduction. It said HSE Mid West should have made greater efforts to contact him, including in writing, to explain the consequences of missing certificates.

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