The Labour Court dismissed Julie Neville’s three appeals against the Health Service Ececutive, finding two complaints not well founded and the third misconceived. The determination was signed on 9 February 2018.
Neville, an employee and director of Matrix Resources Limited, argued that she should have transferred to the HSE when it moved agency workers into direct employment. The HSE said she was not an agency worker assigned to it and that its recruitment process met its duty to notify assigned workers of vacancies in its Primary Care Reimbursement Service.
The Court found Neville worked for Matrix and was not supervised or directed by the HSE. It concluded that the HSE’s recruitment of agency workers did not amount to a transfer of undertakings. It also found she lacked standing to bring an unfair dismissal complaint against the HSE. The Court affirmed the Adjudication Officer’s decisions.