The Labour Court upheld Fiona Dermody’s public holiday complaint and dismissed HSE West’s appeal, affirming the Rights Commissioner’s decision in her favour. The determination was signed on 18 April 2011.
Dermody, a nurse at the Mid Western Regional Hospital in Limerick, was on certified sick leave over Christmas Day, St Stephen’s Day and New Year’s Day. HSE West argued that its payments for those days met its obligations under the Organisation of Working Time Act 1997. The Irish Nurses Organisation (INMO), representing Dermody, said her contract entitled her to normal sick pay for each day of her certified absence.
The Court found that the three holidays fell within a continuous period of sick leave and counted as part of that leave under Circular 10/71. Her normal pay was due independently of the statutory public holiday benefit. The Court also found that her employment terms could not be changed except by collective agreement.