The Labour Court rejected a worker’s appeal over her claim to retain a permanent staff nurse post at St James Hospital Board, affirming the Rights Commissioner’s recommendation against her claim. The decision was signed on 11 February 2015.
The worker had resigned to study midwifery and later sought to withdraw her resignation, arguing that HSE HR Circular 004/2011 entitled her to return to her permanent post. St James Hospital Board said she had resigned voluntarily and that the circular did not apply to the hospital.
The Court found the circular was publicly available and could have been relied on before the worker resigned. It also found no evidence that management had an obligation to bring the circular to her attention. The Court did not decide what the circular meant.