The Labour Court directed HSE Central Mental Hospital to restore Brian O ' Byrne’s earnings with full retrospection after finding that his precautionary relocation during an internal investigation should not have reduced his income. It also said senior management should bring the investigation to a proper conclusion within four weeks. The decision was signed on 18 December 2014.
The decision followed the worker’s appeal of a Rights Commissioner’s recommendation. He said the investigation had been delayed, his redeployment had caused financial loss and he had not received natural justice. The hospital said the move was protective and that the investigation followed agreed terms and natural justice principles.
The Court said it could address the industrial relations effects of how staff policies were administered, but had no role in interpreting or implementing the Trust in Care policy. It found that the relocation had reduced the worker’s income through lost premium and other earnings, and that he should not have suffered that reduction. The Court also said management should protect his interests during the investigation and handle any related issues through agreed industrial relations procedures.