The Workplace Relations Commission found that the Health Service Executive unfairly dismissed Jonathan Brincat and ordered it to re-engage him, preserving his pension rights. The decision was dated 29 November 2022.
Brincat worked as a Clinical Cardiac Physiologist at Naas General Hospital. The HSE said his qualifications did not meet the requirements for the role and that continuing his temporary employment was not viable. Brincat argued that his dismissal was unfair and that alternatives to dismissal were available.
The Commission said the HSE had not adequately considered his service and professional experience, or created a route for him to qualify or move to another role. It also found that he had been denied a fair hearing of his grievance and appeal. The Commission considered re-engagement the appropriate remedy. It ordered the HSE to return him to his former role if possible, or to a reasonably suitable alternative, with pension rights preserved. Re-engagement was to date from 15 May 2021. Re-engagement restores an employee to work; it is one of the remedies available for unfair dismissal.
Three claims under the Minimum Notice and Terms of Employment Act were withdrawn at the hearing.