The Labour Court raised compensation for Geraldine Behan to €3,000 after her appeal against the Health Service Executive over an unpaid unsocial-hours premium. The Court heard the appeal on 6 October 2009 and signed its determination on 9 October 2009. Behan said the premium was paid to comparable full-time employees but not to her as a part-time nurse.
A Rights Commissioner had upheld Behan’s complaint and awarded €1,000, including arrears and compensation. The HSE did not appeal the finding that it had breached the law. Behan argued that the compensation was inadequate; the HSE said the difference in treatment had been corrected from 2 April 2007 and disputed older claims as out of time.
The Labour Court held that claims concerning occasions before 15 November 2006 could not be entertained under the time limit. It estimated arrears of €120 for the period from 20 November 2006 to 2 April 2007. Separately, it varied the earlier decision and set compensation at €3,000, excluding those arrears.