The Labour Court recommended that the Health Service Executive pay Ms Caroline Daly €10,000 compensation and confirm in writing that her clinical judgement was never in question. The recommendation, signed on 2 September 2019, varied an earlier recommendation after appeals by both Daly and the employer.
Daly, represented by the Irish Nurses and Midwives Organisation, raised concerns about a two-week delay in being told of a complaint against her, the removal of a line from a report without discussion, and being told about possible media coverage only on publication day. The Court found no undue delay in notification, but said the employer failed to explain the report change or balance Daly’s rights with its duty to the service user. It also said the employer should have informed her once it knew media coverage was possible. The Court recommended prompt engagement in a return-to-work process.