Courts / Cork / Report

'Seismic omission' saw HSE worker who 'stayed at home' kept on full pay for 2.5 years

Date
2023-10-27

Stage
Hearing Or Decision

Primary locality
Cork

County
Cork

Summary

The Workplace Relations Commission ruled that a Health Service Executive (HSE) worker, Shane Ryan, who had been absent from work for over two years while still receiving full pay, was ultimately deemed absent without leave. Ryan had claimed a nervous breakdown and inability to attend occupational health appointments, but the tribunal found he had repudiated his contract by refusing to engage with management. The HSE had attempted to reassign him to pest control and other duties, but Ryan declined offers, citing the roles as not comparable. After repeated attempts to get him back to work, his pay was stopped in January 2022 and his employment terminated in June 2022. The tribunal rejected most of Ryan's employment law complaints, upheld a claim for unpaid public holiday entitlements, and awarded €1,200 in compensation. The decision highlighted a "seismic omission" by HSE management and the phenomenon of "quiet quitting.".