The Labour Court has set aside an Adjudication Officer recommendation that the Health Service Executive offer €10,000 compensation to a worker, and recommended rejecting the worker’s claim as without merit. The recommendation was dated 6 March 2024.
The worker, represented by SIPTU Trade Union, contended that the Health Service Executive had not implemented a 2009 agreement. The Health Service Executive appealed the earlier recommendation, which had proposed compensation for a technical breach of the agreement.
The Court found that premium payments had been made since 2009, although the worker had not worked the hours that would ordinarily justify them. It also found that holiday pay had not been miscalculated and that pension entitlements would be calculated under the arrangements for all staff. The Court noted that the worker had been placed in and later upgraded within a grade despite not carrying out its duties. It found that the employer had met its commitment to discuss salary and grade adjustments, and found no basis to conclude it had failed to implement the agreement in good faith.