The Labour Court set aside a €65,000 award to agency nurse Ms Maylena McEvoy, overturning a finding that the Irish Prison Service penalised her after she filed a P19 complaint about a prisoner who touched her at Midlands Prison. The determination was signed on 3 September 2021.
Ms McEvoy argued that her shifts were suspended because she made the complaint. The Irish Prison Service said the shifts were suspended because she had not completed required certification courses and could resume work once she did.
The Court found that Ms McEvoy’s shifts were temporarily suspended and that she could return after completing her certification. It found that the operative reason for suspending her shifts was her failure to meet contractual and professional certification requirements, and that her P19 complaint did not cause the decision.