John McDermott v Health Service Executive [2016]

Posted In: Case Law
  • Case Reference
  • Legal Body
    Employment Appeals Tribunal (EAT)
  • Type of Claim / Jurisdiction
    Pay, Tribunal Practice, Procedures and Jurisdictional Issues
Issues covered: Payment of Wages Act, 1991; Unlawful Deductions from Wages; Health Act 2004; Retroactivity; Ministerial Consent

These two separate cases (to be read in conjunction with Thomas Hogan v Health Service Executive [2016] IEEAT PW770/2012) involve successful appeals brought by two consultants (‘the Appellants’) to the Employment Appeals Tribunal under the Payment of Wages Act, 1991.

The Appellants signed revised consultant contracts with the Respondent in September 2008. As part of these contracts, private practice was restricted. It was the Appellants’ case that they did not receive all of their agreed salary increases and that unlawful deductions in their salaries occurred.

It was the Respondent’s case that the process which the Appellants signed up to in 2008 was part of an exercise to identify the

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This article is correct at 15/01/2016

The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.

Breda O'Malley
Hayes Solicitors

The main content of this article was provided by Breda O'Malley. Contact telephone number is +353 1 662 4747 or email

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