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Labour Court amends recommendation on HSE nurse’s sick leave record

By Ruairí Dolan

Historic decision · Decision date:

Place: no local area assigned from the source.

The Labour Court amended a Rights Commissioner’s recommendation about a public health nurse’s sick leave record after an appeal by HSE Dublin North East. Its decision was signed on 20 April 2007. The nurse, attached to Meath Community Services, had been asked to transfer temporarily to another district and later went on sick leave. Her union said management had not followed its transfer policy and alleged victimisation linked to evidence she gave in a bullying investigation. Management said the temporary transfer was justified by service needs and sick pay rules did not allow the requested adjustment. The Court said illness explained the absence up to June 2006, while the later period related to concerns arising from the nurse’s participation in the investigation. It amended the recommendation so the earlier period counted against her sick leave entitlement and the later period was discounted.

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