There was widespread reporting recently of two Employment Appeals Tribunal (“EAT”) cases concerning two hospital consultants and their claims against the Health Service Executive ("HSE"). In Hogan v HSE and McDermott v HSE the claimants were successful in arguing that the HSE had breached the Payment of Wages Act 1991 by withholding certain salary payments set out in their contract of employment. The consultants were awarded €99,876 and €14,000 respectively. This has a major implication for the HSE, and the State, because of the number of hospital consultants with similar complaints who have been ‘waiting in the wings’ for the result of these test cases, and it is reported that the HSE is considering appealing.
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