The Labour Court rejected Deirdre Hogan’s appeal against a finding that her transfer from the Nursing And Midwifery Board Of Ireland to the HSE was not a constructive dismissal. The Court signed its determination on 15 January 2019.
Hogan had worked for the Board since 2001 and was seconded to the HSE from 2014. When the secondment ended, the HSE requested her formal transfer. The Court found that she agreed to it voluntarily, with no change to her salary or benefits, continuous service or accrued leave.
Hogan said she could not return to the Board because she no longer trusted it. The Court noted that she had not resigned or told the Board that its conduct motivated her decision to transfer. It determined that her appeal under the Unfair Dismissals Act failed.