The Workplace Relations Commission directed the Health Service Executive to give Niamh O' Brien written terms and conditions for her GP role in its Addiction Service, after finding she was an HSE employee. The decision was dated 22 March 2022.
O' Brien said she had repeatedly sought written terms. The HSE argued that the issue had wider implications and should be handled through collective discussions with the Irish Medical Organisation. The adjudicator rejected the HSE's request to adjourn the individual employment rights complaint.
The WRC found that O' Brien substantially met the tests for employee status and had not received the required information about her terms. It directed the HSE to provide terms reflecting those of employees in broadly similar roles, without reducing the terms she already enjoys.