Conway & ors -v- Health Service Executive [2016] IEHC 73 (05 February 2016)

Conway & ors -v- Health Service Executive [2016] IEHC 73 (05 February 2016)

The Trust in Care Policy and Disciplinary Procedure form part of the plaintiffs' contractual terms of employment. The defendant's unilateral appointment of the investigation team and conduct of parallel investigations breached those contractual and fair procedure rights. The plaintiffs' delay was not unreasonable given their efforts to resolve the dispute internally. Damages would not be an adequate remedy due to the risk of irreparable reputational harm. The balance of convenience favours granting interlocutory relief restraining the current investigation and requiring adherence to agreed procedures.

Citation
[2016] IEHC 73
Parties
Plaintiff: Lyndsey Conway; Plaintiff: Carmel Doherty; Plaintiff: Mary Prendergast; Plaintiff: Vidhya Maverly; Plaintiff: Marie Kilcoyne; Defendant: Health Service Executive
Jurisdiction
Ireland
Judgment Date
05 February 2016
Procedural Posture
Interlocutory Injunction Application in Employment Disciplinary Proceedings / High Court, Ex Tempore Judgment on Interlocutory Relief
Outcome
Interlocutory injunction granted in part; investigation restrained unless conducted in accordance with contractual procedures; suspensions not lifted for first and second plaintiffs.
Legal Topics
Disciplinary Procedures, Contractual Terms of Employment, Fair Procedures, Injunctions, Natural Justice
Employment Law Administrative Law Disciplinary Procedures Contractual Terms of Employment Fair Procedures Injunctions Natural Justice

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Parties

Lyndsey Conway

Plaintiff

Carmel Doherty

Plaintiff

Mary Prendergast

Plaintiff

Vidhya Maverly

Plaintiff

Marie Kilcoyne

Plaintiff

Health Service Executive

Defendant

Procedural Posture

Interlocutory Injunction Application in Employment Disciplinary Proceedings / High Court, Ex Tempore Judgment on Interlocutory Relief

Legal Issues

  1. 1 Whether the Trust in Care Policy and Disciplinary Procedure form part of the plaintiffs' contractual terms of employment
  2. 2 Whether the defendant breached contractual and fair procedures by appointing an investigation team without agreement and conducting parallel investigations
  3. 3 Whether delay by the plaintiffs precludes relief

Ratio Decidendi

The Trust in Care Policy and Disciplinary Procedure form part of the plaintiffs' contractual terms of employment. The defendant's unilateral appointment of the investigation team and conduct of parallel investigations breached those contractual and fair procedure rights. The plaintiffs' delay was not unreasonable given their efforts to resolve the dispute internally. Damages would not be an adequate remedy due to the risk of irreparable reputational harm. The balance of convenience favours granting interlocutory relief restraining the current investigation and requiring adherence to agreed procedures.

Court Disposition

Interlocutory injunction granted in part; investigation restrained unless conducted in accordance with contractual procedures; suspensions not lifted for first and second plaintiffs.

Orders

  • Order restraining the current investigation and restraining the defendant from embarking on any further investigation otherwise than in accordance with the Trust in Care Policy and Disciplinary Procedure.
  • Court will hear parties on the precise terms of the order.