Notice pay when sick leave entitlements are exhausted

[sheeri]

Hi, I have been on sick leave since 19 months due to work related serious problems. All my sick pay entitlements exhausted long time back. My employer has not resolved the problem that caused me to be off work.Now I have recently resigned. My employer does not want to pay me during my notice period. They also refused my temporary injury allowance request despite being aware that Im off work due to problems at work.My gp has certified me as off from work due to depression that resulted following the problem that happend at work.Employer failed to act on the grievance until ten months had passed, since its submission. following which an incorrect and biased outcome was given. Hence I have now resigned as i cannot take this distress anymore. Please give your opinions or advise on whether they should be paying me my normal salary during the notice period.. in circumstances where sick pay entitlement has already been exhausted.
Thanks , Sheeri

 

[greenfield]

Sorry to hear about that Sheeri, hopefully you were getting advice before you resigned. Unfortunately, if you are not available for work it is unlikely that you have any entitlement to wages during your notice.

 

[sheeri]

Hello Greenfield, Thanks very much for the reply, Yes I have taken legal advice.
The matter is going to court for a settlement. I agree Im not entitled to wages during notice if sick pay has already exhausted, but my argument with them is that Ive been unable to work because I did not have a place of work to return to in the last 19 months.(due to an event that made it impossible for me to return to work in the same place, and employer is in agreement with that).This helpless situation caused me stress and depression. Lets see what happens in the court. Thankyou very much