The Workplace Relations Commission found that Health Service Executive porter Aidan Swaine was not victimised after he was moved to lighter duties and lost access to overtime. Adjudication officer Christina Ryan said he had not shown that he took a protected act before referring his complaint.
Swaine said he wanted to return to his former porter role after recovering from a shoulder injury, but the HSE did not restore him to the post, which included overtime. The HSE said his transfer followed occupational health advice and agreement, and argued the complaint was outside the six-month time limit.
The decision, dated 26 June 2024, found that no alleged victimisation incident took place at the dates Swaine identified. The HSE representative offered to provide documents and assistance so he could apply internally for compensation for lost overtime.