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Labour Court reduces HSE recommendation from €8,000 to €4,000 on appeal

By Niamh Kearney

Historic decision · Decision date:

Place: no local area assigned from the source.

The Labour Court recommended €4,000 in full and final settlement of a worker’s dispute with the Health Service Executive, reducing an earlier €8,000 recommendation after the HSE appealed. The decision was dated 6 March 2024. The dispute concerned the HSE’s refusal to hear a second grievance. The Adjudication Officer found that three of the four complaints had been investigated through an earlier grievance process and that the fourth was new; the officer recommended €8,000 after finding no explanation had been given for not hearing the new grievance. The HSE said the earlier grievance outcome had been actioned and its procedure did not provide for compensation. The Irish Nurses and Midwives Organisation said management could not choose which grievances to process. The Court said the HSE appeared to view the grievance as a request for compensation linked to the earlier process, while the union had not clarified the complaint before referring it to the WRC.

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