Doctor sues Beacon Hospital over alleged unlawful contract termination

A consultant has brought a High Court action against the private Beacon Hospital over allegedly unlawfully terminating his contract of employment. Dr Oisín Powell believes his contract was terminated because he told the hospital he would sue over his hours being reduced, the court heard.

Emergency medicine consultant Dr Oisín Powell secured a number of temporary injunctions against the hospital including one preventing anyone else being appointed the position he worked since 2010.

Mr Justice Paul Gilligan granted the injunctions against Beacon Hospital Sandyford Limited. The order also restrain the hospital making any announcement Dr Powell's employment at the hospital has been terminated or that he is unfit or unable to provide services or perform his duties under the contract between him and the hospital.

The injunctions were granted on an ex parte basis (one side only present), and were returned to next week.

Peter Ward SC for Dr Powell said his client was concerned about the effects the purported termination would have on his reputation.

Dr Powell, Marlfield Bridge Road, Glencullen Dublin had heard from colleagues he had “walked out” on the Beacon when nothing could be further from the truth counsel said.

Counsel said Dr Powell has worked at the hospital since 2010 under a series of fixed term contracts and his current contract is due to expire at the end of 2015.

Last month, Dr Powell had his hours reduced from 35 hours to 20 hours a week and made it clear to management he did not accept this, it was in breach of his contract of employment and he intended to bring proceedings, counsel said. Earlier this week, Dr Powell was informed his contract was being terminated.

The only way the Beacon could summarily terminate Dr Powell’s contract was if he was unfit or unable to carry out his duties but this was not the case, counsel said. The hospital was not entitled to terminate his contract of employment summarily.

In an affidavit, Dr Powell said he believes his contract was terminated because of his intention to bring proceedings over the reduction of his hours.