Labour Court sets aside hospital worker's return-to-duties recommendation

The Labour Court set aside a recommendation to restore a worker to previous duties at Our Lady's Hospital and remove a warning from his record after 12 months. Management had appealed the reinstatement recommendation. The Court relied on unappealed findings that the investigation was fair and adequate and that the worker was guilty of the alleged misconduct, which it described as sexual harassment of a colleague in the nature of a sexual assault. It found the sanctions were not disproportionate or excessive and said the worker's position should be reviewed after 12 months, including whether indoor duties could then be considered. The decision was signed 9 August 2006.