Labour Court dismisses worker’s sick-pay appeal against HSE South

The Labour Court dismissed a worker’s appeal over sick pay after her return to a shorter working week at the Health Service Executive - South. In a decision signed on 27 March 2013, it upheld the Rights Commissioner’s recommendation that the claim fail. The worker, represented by INMO, said management required her to apply for reduced hours as a condition of returning after sick leave. The HSE said the shorter week followed an occupational health recommendation and was facilitated through annual leave and its flexible working time arrangement. The Court agreed with the Rights Commissioner’s findings and dismissed the appeal.