The Labour Court increased Catherine Kelly’s compensation from €1,500 to €5,000 after finding that she had not received statements gathered during an HSE Dignity at Work investigation. The decision was signed on 5 November 2015.
Kelly, represented by the INMO, appealed a Rights Commissioner’s recommendation concerning the investigation into her complaints of mistreatment and bullying. She argued that the investigation did not follow its agreed terms of reference and that she lost pay after being removed from night duty. The HSE said the issues were addressed and that delays were outside its control.
The Court found that the investigators were trained and experienced and had mostly followed the agreed terms. It also found that any loss of earnings did not result from the investigation. However, Kelly had not received copies of other participants’ statements, contrary to those terms. The Court varied the recommendation to €5,000 in return for acceptance that the matter was finally closed.