Hospital group CEO seeks injunction preventing HSE from terminating his employment

The CEO of a group that runs public hospitals in the north west and west including Donegal has launched a High Court challenge aimed at preventing the HSE from removing him from his role. 

The action has been brought by Maurice Power who is the CEO of Saolta University Health Care Group, which runs public hospitals in counties Donegal, Roscommon, Mayo, Sligo and Galway.

The group has more than 10,000 staff, an annual budget of more than €850m and receives an annual salary of €151,000.

He has been the group CEO since October 2014, having previously held several other positions within the public health service. 

The HSE is currently interviewing candidates for the position of CEO.  

Mr Power, represented in Court by Ray Ryan Bl, applied for the job and was called to a preliminary interview, however, he was not invited to the second round of interviews.  

Counsel said it is his client's case that he was wrongfully forced to apply for his own role and the recruitment process cannot be lawfully be held. 

His client appealed the decision not to include him in the second round and has also lodged a claim with the Workplace Relations Commission.

He claims that as a result of being employed on five successive fixed-term contracts he is now under the 2003 Protection of Employment Act entitled to treated as having a Contract of Indefinite Duration in respect of his role as group CEO.  

He claims he is entitled to such a contract because he has acquired four years of continuous service in the post.  

His counsel said that this claim is disputed by the HSE.

In proceedings against the HSE Mr Power of Homefarm, Moycullen, Co Galway seeks various orders and orders including an injunction preventing the HSE from terminating his employment as the group's CEO.

He also seeks an injunction preventing the HSE from appointing anyone else to the position, and that the recruitment process does not proceed any further until the case has been determined.  

He further seeks a declaration that he enjoys an entitlement to a Contract of Indefinite duration in respect of his role, that the HSE has acted wrongfully and in breach of his contract of employment. 

He also seeks damages.

At the High Court on Wednesday Mr Power secured permission to serve short notice of his action against the HSE. 

Permission was granted, on an ex parte basis only,  by Ms Justice Leonie Reynolds. 

The Judge made the action returnable to a date next week