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HR AND PAYROLL eZine

June eZine 2009

HR News

FORMER HSE HOSPITAL WORKER AWARDED €28,500

The Employment Appeals Tribunal has awarded a former HSE hospital worker over €28,500 for constructive dismissal by the HSE North Western Area, Letterkenny Hospital.

In the absence of any evidence to the contrary, the tribunal said it was credible that Mrs Laird “suffered from being isolated and bullied within the work place”. 

In a determination issued last month, it found that Ms Laird ‘further suffered’ by the HSE’s ‘failure to properly and proactively investigate the allegations made for the period of a year between April 2004 and March 2005'.  

The tribunal found, “matters involving allegations of bullying by their nature and by an ongoing lack of resolution worsen with time, which was precisely what occurred.” 

Failure by the HSE resulted in Ms Laird’s working conditions becoming “intolerable”. She had continued to be roistered with the staff she complained had bullied her.  

The tribunal rejected the HSE’s contention that it had acted in a fair and reasonable manner towards Ms Laird. 

The tribunal were told that the situation got so bad and went on for so long that in desperation Ms Laird’s husband wrote to the President, the Taoiseach, and Minister for Health, TDs and senior management seeking help. 

The bullying arose after a shift change had been implemented in April 2003 so that cleaning could be done before patients got up for the day.  

Ms Laird had been scapegoated by other staff who were against it but had co-operated with the change.  

The tribunal was told her colleagues “began to treat her differently, slamming doors, laughing behind her back, timing how long she took to do things, spilling drinks on her clean floors”.

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