This case is an appeal by the Health Service Executive (Respondent), against the decision of an Adjudication Officer which found that the Complainant had been treated unfairly and that she had a legitimate grievance. The issue in dispute between the parties arose from a breach by the Health Service Executive of their own policy in respect of the duration of acting up/temporary assignments. It was not disputed that the Complainant, following a competitive process, was assigned on a temporary basis to a higher post.

The Complainant successfully worked in that position for five and a half years. The Respondent then held a competition to fill the post permanently and the Complainant was unsuccessful and therefore returned to her substantive post. The Respondent could offer no justification for the breach of their own policy, other than it was a regular occurrence. Nor was any explanation given as to why the Complainant had been left in the position for five and a half years. Since the WRC hearing, the Complainant has no longer been working for the Respondent.

The Labour Court, having considered all the circumstances of this case as articulated by both parties in their submissions and in the course of hearing, decided that the Complainant had a legitimate grievance. The Court therefore decided that the Complainant should be paid compensation of €15,000 in full and final settlement of this grievance. The Respondent’s appeal failed and the decision of the Adjudication Officer was varied accordingly.
https://www.workplacerelations.ie/en/cases/2020/november/lcr22287.html