Labour Court sets aside €7,500 award on HSE appeal

The Labour Court allowed an appeal by HSE Dublin / Mid-Leinster and set aside the €7,500 compensation recommendation made to a worker after her acting Grade IV payroll appointment lasted four years. The decision was signed on 27 June 2011. The Court affirmed the recommendation that unpaid increments and back money be paid. The worker sought permanent appointment as a Grade IV Payroll Supervisor, saying she had studied for a degree and the position was filled by internal transfer. The HSE argued that she was not acting in a fillable vacancy and should not be treated more favourably than comparable staff. The Court accepted the appointment had lasted an inordinately long time, but said promotion rules required competition or lateral transfer and a concession could affect other workers in similar circumstances.