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HSE wins unfair dismissal complaint over agency worker’s bid for permanent post

By Eimear Byrne

Historic decision · Decision date:

Place: no local area assigned from the source.

The Workplace Relations Commission found that Bernadette Talty was not unfairly dismissed after she was not appointed to a permanent Grade III post at the Health Service Executive. The decision was dated 5 December 2023.

Talty worked at the HSE as an agency worker through FRS Recruitment from February 2021 to February 2023. She argued that she should have been appointed to the permanent role after working in a temporary post. The HSE said the agency assignment ended when it no longer needed temporary staff.

The adjudicator found that Talty had not been placed on the public recruitment panel and had no legal right to a permanent Grade III role. The HSE had filled available roles through that panel, and the adjudicator found there were substantial grounds for ending the agency arrangement.

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