Senior HSE executive wins appeal against re-assignment

A senior nursing executive with the HSE has successfully appealed against her temporary re-assignment to a non-clinical role. The Court of Appeal found that the HSE breached the employment contract of the Area Director of Nursing for Galway/Roscommon Mental Health Services when it moved her from clinical and managerial duties in July 2015. The re-assignment occurred while a review was underway into allegations concerning mental health facilities in Roscommon, though the executive herself was not under investigation or disciplinary process. The Mental Health Commission had raised serious concerns about service-user welfare and management responses at the facilities. The three-judge court rejected the HSE's argument that an implied contractual term permitted such re-assignment in crisis circumstances. The court noted the review, which commenced in 2015, was expected to conclude imminently. The matter was adjourned to allow both parties to consider the decision.