Health Service Executive v A Worker [2020]

This case is an appeal by the Health Service Executive (Respondent), against the decision of an Adjudication Officer which found that the Complainant had been treated unfairly and that she had a legitimate grievance. The issue in dispute between the parties arose from a breach by the Health Service Executive of their own policy in respect of the duration of acting up/temporary assignments. It was not disputed that the Complainant, following a competitive process, was assigned on a temporary basis to a higher post. 

The Complainant successfully worked in that position for five and a half years. The Respondent then held a competition to fill the post permanently and the Complainant was