Labour Court recommends HSE pay worker lost premiums and €5,000 compensation

The Labour Court recommended that the HSE pay a worker outstanding earnings for lost weekend, public holiday and holiday premiums, as well as €5,000 compensation for delays in responding to his complaints. The recommendation was dated 5 July 2024. The HSE had appealed an Adjudication Officer recommendation concerning the worker’s reassignment from orthopaedic theatre to general theatre operative duties. The worker said he had been prevented from returning to his orthopaedic theatre post because of a separate industrial dispute; the source dates the start of that period to March 2022. The HSE accepted he should not be financially disadvantaged but disputed the amount owed and opposed time off in lieu. The Court said the dispute had arisen through no fault of the worker and recommended payment of the outstanding premiums and €5,000 compensation. It made no recommendation on aspects of his individual dispute that formed part of a separate collective dispute under WRC conciliation.