The Labour Court found merit in a worker’s case against Western Care Association and recommended her return to her former grade, with at least 29.6 hours of work a week. The decision was signed on 30 November 2017, after the employer appealed an earlier recommendation.
The earlier recommendation included €20,000 compensation for distress and €5,235.15 for losses arising from the worker’s suspension. Her side argued that her demotion was unfair and the allegations against her were unfounded. Western Care said she had returned to her substantive relief social care worker post and that an investigation followed her failure to comply with reporting procedures.
The Labour Court recommended that she receive full sick pay, less personal social welfare payments, for the period from 3 August 2014 to 19 December 2015. Relevant money was to be paid within a month of her making herself available and resuming work. The Court set aside the earlier recommendation; a separate Payment of Wages Act claim had been withdrawn.