In 2004, the Labour Court disallowed the North Eastern Health Board’s appeal and affirmed a recommendation in favour of a worker employed as a Pathology Technician at Our Lady's Hospital, Navan. The decision was signed on 12 July 2004. The Court found he was required to perform Senior Pathology Technician duties and said the Board must either pay him at the higher-grade rate or stop assigning those duties. It considered stopping them unviable because it would disrupt the department.
The union argued that the worker had the required qualifications and was performing senior duties. The Board said he lacked the five years’ experience required for promotion, argued there had been no agreement for him to take on other duties, and said it had committed to review his post. The Court said the claim should be conceded, citing the worker’s proximity to meeting the service qualification.