The Labour Court recommended that HSE Central Mental Hospital restore John Byrnes’s lost earnings with full retrospection after finding his precautionary transfer during an investigation should not have reduced his income. The recommendation was signed on 18 December 2014.
Mr Byrnes, represented by the Services Industrial Professional Technical Union, had appealed a Rights Commissioner’s recommendation. He had been moved to another role while the hospital investigated allegations made against him by person or persons unknown, losing premium and other earnings. He sought an end to the investigation and a return to his former position and salary.
The hospital said the investigation followed agreed terms of reference and that the move was protective rather than punitive. The Court also said senior management should bring the investigation to a speedy and proper conclusion within four weeks, management should protect Mr Byrnes’s interests, and any resulting issues should be dealt with through agreed industrial relations procedures.