HSE v INMO [2016]

Posted In: Case Law
  • Case Reference
    ILCR Recommendation No. LCR21137
  • Legal Body
    Labour Court
  • Type of Claim / Jurisdiction
    Contracts of Employment, Pay and Conditions of Employment
Issues covered: Industrial Relations Acts, 1946 to 1990; Section 26(1), Industrial Relations Act, 1990; Allowance Payment

This case concerned a claim by two Public Health Nurses that they should have been in receipt of a Midwifery Allowance. Both Nurses had undergone Public Health Nurse Training on the understanding that such Allowance would be paid post qualification. The Allowance had been abolished for new beneficiaries during the period of their training. The Court held that the nurses were not new entrants to the public service and they had commenced training with a legitimate expectation that they would continue to receive the Allowance post qualification. Accordingly, the Court ordered the Respondent to retrospectively pay the Allowance to the Complainants.

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This article is correct at 22/04/2016

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