John McDermott v Health Service Executive [2016]

Posted In: Case Law
  • Case Reference
    PW113/2012
  • 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

Already a subscriber?

Click here to login and access the full article.

Don't miss out, register today!

Are you fully aware of the benefits of Legal-Island's Irish Employment Law Hub? We help thousands of people like you understand how the latest changes in Irish employment law impact your business through a mix of case law analysis and in-depth articles. All delivered right to your inbox.

We help you to understand the ramifications of each important case from Ireland and Europe.

We help you ensure that your organisation's policies and procedures are fully compliant with Irish law.

You will receive regular updates on Irish employment law including case law reviews, legislative changes, topical updates as well as answers to your burning questions through our Q&A feature.

You will have 24/7 access to the Employment Law Hub so you can research case law and HR issues when you need to.

Already a subscriber, now or Register

This article is correct at 15/01/2016
Disclaimer:

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 bomalley@hayes-solicitors.ie

View all articles by Breda O'Malley