SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969
HEALTH SERVICE EXECUTIVE / HSE CHO 1
- AND -
(REPRESENTED BY INMO)
1.Appeal of Adjudication Officer Decision no. ADJ-00018898 CD-00024304-001
This case is an appeal by the Employer of the Decision of an Adjudication Officer. The issue in dispute between the parties arises from a breach by the Employer of their own policy in respect of the duration of acting up/ temporary assignments. It is not disputed that the Worker following a competitive process was assigned on a temporary basis to a higher post.
The Worker successfully worked in that position for five and a half years. The Employer then held a competition to fill the post permanently and the Worker was unsuccessful and therefore returned to her substantive post. The Employer could offer no justification for the breach of their own policy other than it was a regular occurrence. Nor was any explanation given for why the Worker had been left in position for five and a half years. The Workers situation has moved on since the Adjudication hearing as in the Worker is no longer working for the Employer.
The Court having considered all the circumstances of this case as articulated by both parties in their submissions and in the course of hearing have decided that the Worker has a legitimate grievance. The Court decides that the Worker should be paid compensation of €15,000 in full and final settlement of this grievance. The appeal fails. The decision of the Adjudication Officer is varied accordingly.
The Court so decides.
Enquiries concerning this Decision should be addressed to Heather Murray, Court Secretary.