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Labour Court recommends 65% of retrospective overtime payments for HSE Midlands staff

By Orla Quinn

Historic decision · Decision date:

Place: no local area assigned from the source.

The Labour Court found that HSE Midlands Area Mental Health Services breached the 2009 National Agreement by paying flat-rate overtime, and recommended that affected employees receive 65% of outstanding retrospective overtime payments. The recommendation was signed on 21 October 2013. SIPTU and PNA sought the appropriate overtime rates for work between 12 August 2012 and 1 July 2013. The employer said staff had volunteered for flat-rate overtime instead of agency work. The Court recognised that employees volunteered, but upheld the unions’ contention that the arrangement breached the agreement. The recommended payments were to be made in two equal instalments, on 1 December 2013 and 1 July 2014.

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