Courts / Dublin / Report

Hospital worker who challenged decision not to allow her work from home loses action

Summary

The High Court dismissed a former hospital worker's claim that her rights were breached when her employer refused to allow her to work from home due to the 'high risk' Covid‑19 risk to her health. Judge Miriam O'Regan found no irrationality or unreasonableness in the decision and that the claim was a private law matter, not subject to judicial review. The woman, who worked at a Dublin hospital for about 15 years until April 2020, had been isolated after a colleague tested positive and was deemed fit for work by the HSE after 14 days. She argued that doctors advised her to stay home and submitted specialist reports, but the employer said her medical status did not warrant 'cocooning' and she was not high risk. She remained out of work, exhausted sick pay, and retired in October 2020 at age 65.

Who, what, where, when and why

What: Report matter: Hospital worker who challenged decision not to allow her work from home loses action. Procedural stage: hearing_or_decision

When:

• April 2020 Other
• October 2020 Other
• 2021-12-01 Publication

Why: The High Court has dismissed a former hospital worker's claim that her rights were breached over her employer's refusal to allow her work from home because of the 'high risk' Covid-19 posed to her health. CNI source report

Places mentioned

Topics

Stage Hearing Or Decision

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Read the original CNI report