Helen Earley v Health Service Executive (No.2) [2017]

Posted In: Case Law
  • Case Reference
    IECA 207
  • Legal Body
    Court of Appeal (IECA)
  • Type of Claim / Jurisdiction
    Discipline and Grievance, Contracts of Employment
Issues covered: Re-assignment of Duties; Breach of Contract

This appeal concerned the re-assignment of the plaintiff from the operational and clinical nursing duties specified in her contract of employment to non-operational duties. Although this re-assignment did not result in any loss of remuneration, or loss of reputation or status, the Court in their first judgment found that these considerations were fundamentally irrelevant as there had been a breach of the terms of her contract of employment.

The HSE had stressed that no disciplinary findings against the plaintiff existed and that her re-assignment was only temporary in nature. However, no steps had been made since the re-assignment, on the 6th of July 2015, to restore the plaintiff to her

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This article is correct at 02/08/2017

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