The Workplace Relations Commission found that the Health Services Executive unfairly dismissed an anonymised care assistant and ordered it to pay €9,606.88 in compensation. The decision was dated 13 December 2023.
The care assistant had difficulty wearing a mask continuously and was removed from his post. The HSE said mask use was an essential job requirement, offered alternative duties and said his temporary contract was due to end in July 2021.
The WRC found the HSE had no evidence of an investigation or disciplinary hearing that allowed him to respond to concerns about mask use. It concluded that he was unfairly dismissed on substantive and procedural grounds, and awarded compensation for his financial loss, taking account of his mitigation of loss.