Labour Court varies HSE West return-to-work recommendation on worker’s appeal

The Labour Court varied a Rights Commissioner’s recommendation in a worker’s appeal against HSE West, deciding she should have returned to her substantive post from 1 January 2010. The decision was signed on 24 March 2011. The worker, represented by the Services Industrial Professional Technical Union, argued that HSE West should have facilitated her return when she was made redundant in 2009 and that she had suffered financial loss. HSE West said her career break had been renewed at her request and her five-year secondment was due to run until 2013. The Court said neither the secondment policy nor the Career Break Scheme covered the circumstances. It noted the parties had agreed to her return from 14 March 2011, but decided she should have returned from 1 January 2010. It varied the earlier recommendation accordingly.