• Complainant: A Paramedic
• Respondent: A Health Service

Provide clear terms for temporary assignments to prevent disputes.

The Complainant, an advanced paramedic, worked temporarily since October 2022 on the national initiative “[P],” aimed at reducing hospital admissions for individuals over 65. Their substantive post was based in a different location, and he sought daily travel and subsistence allowances for his temporary assignment. He argued that management blocked him from attending an Assistant Tutor training opportunity in April 2023, which offered potential career advancement. Despite being ranked second on the panel for training, they claimed he was denied the chance to return to his substantive post or defer his temporary assignment to participate. The Complainant contended that management’s refusal to allow him to pursue training made his temporary role effectively mandatory. He highlighted that similar restrictions were not uniformly applied to other colleagues. Additionally, they claimed that the lack of a formal secondment policy for “[P]” supported his entitlement to travel and subsistence allowances for the duration of his assignment.

The Respondent acknowledged the dispute, under s.13 of the Industrial Relations Act 1969, regarding travel and subsistence (T&S) payments and access to a training program. After applying for and accepting a temporary reassignment to the "[P]" team in October 2022, they stated he was stationed at a new base location, which the Respondent considered his official work base. The Respondent maintained that reassigned workers are not entitled to T&S for travel to their temporary work base per applicable Circulars and National Financial Regulations. Further, did not accept they were denied the opportunity to attend an Assistant Tutor training program. They argued that the Complainant could return to his substantive paramedic role to access training, emphasising that releases for training depend on operational needs and service demands. They denied these restrictions unfairly limited his career development and should entitle him to T&S payments during the reassignment period.

The Adjudicator found that the Complainant was not entitled to travel and subsistence (T&S) payments as his reassignment to the [‘P’] team effectively changed his base location under applicable Circulars and National Financial Regulations (NFRs). However, the employer failed to provide sufficient clarity regarding the terms, location, and duration of the temporary role, as well as associated restrictions. This lack of clarity caused the Complainant to miss an opportunity to attend a training programme for career advancement. They arguably could return to a substantive role to pursue such opportunities, but this offer was delayed and only communicated after they raised a grievance, resulting in lost opportunities. The lack of protocols for managing statutory or protected leave in the [‘P’] programme was also deemed inadequate. The Adjudicator recommended compensation of €3,500 and ensure future roles include clear terms and conditions, duration, and base location, in compliance with employment law.

Employers should:

• Ensure Clear Terms for Temporary Assignments: Clearly outline the terms, conditions, duration, and base location of any temporary roles or secondments in job advertisements and agreements. Include information on restrictions, extensions, and options for returning to substantive roles to avoid misunderstandings and ensure compliance with employment law.
• Develop Policies for Statutory Leave and Training Access: Create protocols for handling statutory leave (e.g., maternity, carer’s leave) and ensure equitable access to training opportunities for employees in temporary assignments. This prevents operational gaps and protects employees' career progression rights.
• Proactively Communicate and Address Employee Concerns: Provide timely and transparent communication about role-related decisions. Address grievances promptly to mitigate potential losses for employees, such as missed training opportunities, and maintain workplace morale and fairness.

The full case can be found here:
https://www.workplacerelations.ie/en/cases/2025/january/ir%20-%20sc%20-%2000002254.html