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Labour Court overturns sick-pay recommendation on St James’s Hospital appeal

By Fionn Kelly

Historic decision · Decision date:

Place: no local area assigned from the source.

The Labour Court upheld St James’s Hospital’s appeal and overturned a Rights Commissioner’s recommendation for a worker to receive six months’ full sick pay and six months’ half pay beyond his fixed-term contract. The decision was signed on 9 February 2009. The Court found the Hospital had no further contractual obligation after the contract ended on 30 June 2007. It rejected the union’s argument that the worker’s service in other hospitals and unused sick-pay entitlements entitled him to continued pay, and rejected a comparison with employees whose contracts were extended during protective leave.

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