IMO warns of legal action if HSE does not pay allowance

The trade union representing doctors has warned that it may initiate legal proceedings for alleged contempt of court against the Health Service Executive (HSE) in a dispute over the non-payment of an allowance.

The Irish Medical Organisation (IMO) has argued that the payment of a per year living-out allowance to non-consultant hospital doctors in public hospitals, which is set out in their employment contract, formed part of a settlement of a High Court case in January 2010. The HSE said the allowance was worth €3,193 per year. The IMO pointed out that, as the allowance had not been paid since 2012, the total amount outstanding was now almost €10,000.*

The IMO said that its members had been told subsequently by the HSE that the allowance could not be paid in the light of a Government decision in 2012 following a review of allowances paid across the public service.

Immediate

It is understood that solicitors acting on behalf of the IMO last week sent a letter to the HSE seeking the immediate re-introduction of the living-out allowance for non-consultant hospital doctors.

The letter is understood to have stated that the employment contract for non-consultant doctors, which included provision for the payment of the allowance, formed part of the settlement terms of the High Court action in 2010.

Informed sources said the IMO argued that the termination of the allowance represented a breach of the High Court order.

The IMO letter is understood to have warned if the allowance was not restored it would represent a contempt of court and that it would be necessary to make an application to the High Court.

It said this could involve serving a copy of the High Court order with a penal endorsement.

In a statement the HSE said the payment of the living-out allowance was provided for in the non-consultant hospital doctor contract of 2010, which set out the terms and conditions of employment.

Graduates

The HSE said the issue of the allowance was the subject of discussion at a number of meetings of a group established under the provisions of the Haddington Road agreement in order to progress measures to retain graduates of Irish medical schools in the Irish public health system .

“Significant progress has been made by that group advancing changes in non-consultant hospital doctor working and training conditions and opportunities including the payment of the living-out allowance.”

“Therefore any issues in relation to this payment are best dealt with under the auspices of the Haddington Road agreement as the HSE is required, under Government policy, to implement the payments of allowances and such instructions have required changes to payment of the allowance in the period since February 1st, 2012.”

*This article was amended on December 8th