The Labour Court dismissed Joann Mcgarry’s appeal against the Health Service Executive (HSE), finding her complaint of penalisation was not well founded. The decision was signed on 18 August 2025.
McGarry alleged the HSE penalised her for a protected disclosure about care provided to four service users by removing her from her shift pattern. The HSE said the change implemented a staffing agreement with SIPTU. The Court noted the shift-change complaint differed from the case she had put to the adjudication officer; it also found that the staffing process had been underway for almost two years, was covered by a collective agreement, and her contract allowed flexibility and redeployment. It upheld the original decision.