The Labour Court affirmed a Rights Commissioner's recommendation, with a modification requiring HSE North East to appoint an external mediator before proceeding with its disciplinary process for a staff nurse. The decision was signed on 3 June 2008. The worker, assigned to Shalimar House in Co. Meath, appealed the recommendation concerning an investigation into staff complaints of bullying.
The worker disputed the investigation and said he was being victimised as a whistleblower. The HSE denied a vendetta and said the investigation had found that his behaviour could be construed as bullying. The Court said investigations must follow prescribed procedures strictly. It found that the process did not comply strictly with the agreed policy, although the worker had an opportunity to comment on the report. It considered the Rights Commissioner's conclusions reasonable and appropriate, but said the HSE should appoint an external mediator and that the process should not last more than four weeks. The worker's appeal was disallowed.