The Labour Court overturned a Rights Commissioner’s recommendation in favour of a staff nurse at Waterford Regional Hospital, finding that the hospital had correctly applied its attendance policy and disciplinary procedure. The Court dated its decision 19 May 2010.
The Psychiatric Nurses' Association of Ireland argued that disciplinary action was taken despite no misconduct and that the worker’s appeal rights were ignored. It sought her return to the sick pay scheme and reimbursement for losses. HSE South, Waterford Regional Hospital, said it had followed its Managing Attendance Policy fairly and proceeded to discipline after counselling did not improve attendance.
The Court found that the attendance policy had been correctly applied and that the disciplinary action complied with it. It overturned the Rights Commissioner’s recommendation and upheld the employer’s appeal.