A SENIOR medical officer, who was unlawfully sacked by the Health Service Executive because of the Government’s moratorium on recruitment, is to be re-engaged and given a back pay and pension package of about €100,000.
Judge Jacqueline Linnane yesterday upheld an Employment Appeals Tribunal award to Dr Molly Sengupta, Allendale Lawn, Clonsilla, Dublin, who had worked as a paediatrician with the HSE in the northwest Dublin region.
Marguerite Bolger SC told the Circuit Civil Court Dr Sengupta had been employed in March 2007 on a temporary contract to fill a vacant post pending the permanent filling of the position.
In December 2007 the Government had introduced a moratorium on recruitment to the public service and directed that vacant positions be filled only through the reallocation or reorganisation of work or staff as necessary.
Ms Bolger, who appeared with Claire Bruton for Dr Sengupta, said that when a permanent senior medical officer returned two years early from training leave, the HSE had made a decision to dismiss Dr Sengupta to avoid any increase in the headcount of employees.
She told the court the HSE, after having opposed Dr Sengupta’s successful claim for unfair dismissal at the tribunal, now conceded she had been unfairly dismissed but was appealing the tribunal’s direction to re-engage her.
Dr Sengupta told the court she was shocked when told she was being dismissed. She had an expectation of being made permanent.
Area manager Anne O’Connor told the court she had no option but to dismiss Dr Sengupta. The number of employees in the HSE was decreasing and 2,500 were targeted to go next year.
Dr Maeve Diver, who was Dr Sengupta’s line manager, said they were continually understaffed in the area of community and child care. Dr Evan Murphy, Dr Sengupta’s area manager, said she had brought critical expertise to her area. Both said they would welcome her return.