Labour Court says Waterford Regional Hospital must clear worker’s file of adverse records

The Labour Court upheld a Rights Commissioner’s recommendation in a dispute between Waterford Regional Hospital and the Technical, Engineering and Electrical Union, adding that the Hospital should confirm the worker’s personnel file was free of adverse records. The Court signed its decision on 8 December 2010. The dispute followed an alleged altercation between two workers and an investigation that imposed no disciplinary sanction. The union sought to have the incident removed from the worker’s file, arguing that the investigation was inadequate and that he was treated as guilty despite the complaint being withdrawn. Management said the incident had occurred and been investigated, but no adverse record was on the file. The Court said the 2008 incident should be regarded as finally closed and that a letter dated 11 September 2008 should not be relied on or referred to in future. It also urged the parties to address the underlying problems raised at the hearing.