The Labour Court overturned a €1,000 compensation award to Marian Molloy after allowing HSE West’s appeal. Its determination was dated 3 April 2012.
Molloy, a Community Welfare Officer employed by HSE West in Donegal, said her changing work base affected her travel and subsistence entitlements compared with full-time colleagues who had designated bases. A Rights Commissioner had found a breach of the Protection of Employees (Part-Time Work) Act 2001, directed HSE West to assign Buncrana as her base and awarded €1,000.
The Labour Court found the complaint not well founded. It accepted that Molloy’s temporary cover duties required her to work at different locations and that using the absent colleague’s base was appropriate and necessary for the role. The Court concluded that a fixed base would undermine the mobility and flexibility required. Molloy had since transferred to the Department of Social Protection.