A Southern Health Board officer claimed in the High Court yesterday that the board intended to demote him to the lowest clerical grade after he responded to an invitation by management to criticise it.
Mr Neil Devery (57), Elm Vale, Wilton, Cork, is seeking a declaration that the Southern Health Board acted outside its powers in stating it would remove him from his present position to a lower grade.
The Southern Health Board claimed it acted at all times in good faith and that Mr Devery's entitlement to fair procedures and to the application of the rules of natural and constitutional justice was, and remained, fully protected.
The board has also stated that no decision could be made to remove Mr Devery from his present office and appoint him to a lesser office except upon the recommendation of a ministerial committee appointed pursuant to Section 24 of the Health Act 1970. When the case opened yesterday before Mr Justice Shanley, Mr Jerry Healy SC, for Mr Devery, said the Minister for Health had been made a party to the proceedings but had indicated he would nob allow the ministerial committee to proceed pending the judge's decision.
In an affidavit Mr Devery said he was a married man with three children and had spent all his working life in the local health services in Cork and latterly with the Southern Health Board.
In July 1995 he received a circular from the technical services officer asking for his views on changes to be made within the structure and management of the board.
In a memorandum to board management in September 1995 Mr Devery referred to the filling of a post of general practitioner and the letting, on licence, of the former Eye, Ear and Throat Hospital premises to University College Cork.
In October 1995 he wrote to the board's chief executive officer in relation to the two matters and informed him that he was sending copies of his letter and his memorandum to each member of the board, the Minister for Health and the Comptroller and Auditor General.
Mr Devery claimed the chief executive officer later demanded an apology from him in relation to what the CEO asserted were incorrect allegations made by him, and directed that the apology be conveyed to each person who had received copies of the letter and memorandum.
On December 5th, 1995, Mr Devery claimed, a letter from the SHB personnel officer was delivered to him by hand, with a copy of a notice purporting to remove him from his present position and to demote him to Grade 3 clerical officer.
He pointed out that at Grade 6 he was earning £22,361 per annum and at Grade 3 he would earn £15,332 per annum.
The hearing continues.
