A Workplace Relations Commission adjudication officer found that a state body lawfully withheld a serving officer’s wages while he awaited medical clearance to return to full duties. The decision was dated 5 April 2017.
The worker said being kept from work after presenting a GP certificate cost him wages, allowances and additional-hours payments totalling nearly €5,335. The state body said its rules and workplace safety duties required medical clearance by its Chief Medical Officer, and that the worker had exhausted his sick leave entitlement.
The officer found that only the Chief Medical Officer could certify the worker fit for full duties under the applicable circular. Although the officer criticised the employer’s handling of the situation, the non-payment was lawful because the worker had exhausted his sick leave and had not been certified fit for full duties. The Payment of Wages Act complaint failed.