HSE did not appear at WRC hearing to defend treatment of Diane O’Mahony
Ms O’Mahony said that her line manager, Ms A, told her at this point that there was “no intention to fill the vacancy”.
Ms O’Mahony said she sought to increase her hours temporarily in March 2020 as more pressure came on the service where she worked when the pandemic hit. Her solicitors said that, for the next two years, the complainant sought updates on the status of the application on a regular basis, and each time Ms A provided reasons for not increasing the hours and pay such as that she had no update, was using the wrong contact number and was awaiting a response.
The complainant’s solicitors argued their client went into the three-year job-sharing deal with the knowledge that it did not “override” her permanent contract and that she would be going back to it. Ms Boyle wrote in her decision that she was satisfied Ms O’Mahony was entitled by contract to get back to full time work as there was a job there for her and she had been in the job-sharing arrangement over three years.
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