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Investigation Report on the delay by the MWHB in calculating arrears of superannuation payable by two Public Health nurses for previous service

Introduction

This investigation arose out of complaints I received from two Public Health Nurses employed with the Mid-Western Health Board (now the Health Service Executive - Mid-Western Area). Three years after the date of their appointments, they received demands from the Health Board for superannuation arrears owing on previous reckonable temporary nursing service. In each case the arrears were calculated using gross salaries that were higher than those applicable at the date of their appointments. Had the amount been calculated at the actual time of their appointments then the arrears due would have been substantially less. The delay on the part of Health Board in calculating the arrears in each case was beyond the control of the complainants and both were financially penalised as a consequence.

The Health Service Executive accepted my recommendation that the complainants be paid lump sums of €2,500 and €5,000, respectively to compensate them for the delay in calculating their contributions to the pension scheme. It is my view that where a person has been wronged through an action of a public body, that that body should provide appropriate redress. Where an action of a public body results in a person suffering a financial loss, a compensatory payment should be made to help restore the person to the position he/she would have been if the public body had acted properly.

I am publishing this Report in order to highlight the importance of redress in circumstances where a delay on the part of a public body has caused financial loss. It is my hope that the lessons learned will help ensure that similar events will not recur.

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