A CONSULTANT psychiatrist has asked the High Court to declare he holds a permanent position at St Loman’s hospital in Mullingar, Co Westmeath, where he has worked for more than five years.
Seán Ó Domhnaill, Castlesize Road, Naas, Kildare, claims a decision by the HSE to advertise the post he currently holds showed an intention to deprive him of lawful entitlements arising as a result of his completing four years continuous service under rolling fixed-term contracts.
Dr Ó Domhnaill has sought injunctions to prevent the appointment of anyone, other than him, to the post. The HSE had given an undertaking to the High Court to suspend interviews for the post pending the outcome of his proceedings.
Peter Ward SC for the HSE said yesterday the undertaking was continuing and it had been agreed to refer the matter to a rights commissioner.
However, last Friday, the plaintiff’s legal team had “changed tack” and secured an adjournment of the rights commissioner hearing, Mr Ward said.
That claim was denied by Ercus Stewart SC, for Dr Ó Domhnaill, as “complete and utter nonsense”.
Ms Justice Mary Laffoy adjourned the case to later this month when she said the parties should have decided whether to take the rights commissioner route or have a High Court hearing.
Given that several people were awaiting to be interviewed for this post, it was a matter that affected more than just the parties in this case, Ms Justice Laffoy noted.
Dr Ó Domhnaill says he has been employed by the HSE since July 2005 and is recognised as a leading consultant psychiatrist in Ireland. He currently holds the position of consultant general adult psychiatrist at St Loman’s.
He claims the HSE approached him for this position and during an interview, he was told his employment status would become permanent on completion of four years of rolling fixed-term contracts.
He says that under the Protection of Employees (Fixed Term Work) Act of 2003, and under EU directive 1999/70/EC, his employment is deemed to be of indefinite duration following the completion of four years of rolling contracts.
In April last year, he signed a consultant’s contract with the HSE whereby he was appointed, subject to satisfactory completion of a 12-month probationary period, or a further six months if notified in writing of specific reasons for such an extension.
Having completed the probationary period last April, he is deemed to have been appointed on a permanent basis, he claims.
However, last November, the HSE advertised the post held by him.
That action, he claims, showed an intention to deprive him of his lawful entitlement and expectation of the post in breach of the contract signed by him. He is seeking a number of declarations, including that he is deemed to be permanent.
He is also seeking damages on several grounds, including alleged negligence, breach of duty, infliction of emotional suffering and damage to reputation.