Labour Court varies HSE pension recommendation, extending worker’s secondment to 57

The Labour Court varied a Rights Commissioner’s recommendation on a worker’s pension rights, extending her secondment to age 57. The decision was signed on 6 November 2012, after HSE Dublin North East appealed the recommendation. The Rights Commissioner had recommended that the worker retain pension rights under section 65 of the Mental Treatment Act, 1945. The HSE argued the accelerated entitlements applied only to staff caring for or in charge of patients; the worker said the HSE was reducing her terms and conditions. The Court considered the HSE’s offer reasonable but modified it to extend her secondment to age 57, with the other aspects of the offer remaining in place.