The Labour Court upheld a €10,000 award to an unnamed worker at Dublin Institute Of Technology and dismissed both appeals. It directed the Institute to offer her the next suitable Grade 3 post, or a suitable Grade 2 post with an equivalent salary allowance. The decision was signed on 30 March 2009.
The worker, a Senior Lecturer grade 3, took a career break from September 2002 to August 2006, during which her post was filled permanently. On her return, the Institute said no suitable Grade 3 post was available and offered a Grade 2 position, which she declined. The Rights Commissioner had recommended €10,000 for breach of the career-break agreement.
The worker and the Institute both appealed. The Court dismissed the worker’s appeal, saying she likely knew her post would be filled permanently and had been unwise to reject an interim position that would have meant no loss of earnings. It also found the Institute’s handling of the arrangement had not always been clear and transparent, confirmed the award and dismissed the Institute’s appeal against it.