Helen Earley wins appeal over HSE job reassignment

This report is a localnews.ie summary based on public court reporting and records; sources are listed below.

Helen Earley won her appeal over her reassignment by the HSE at the Court of Appeal on 15 May 2017. The appeal was allowed by Ms Justice Mary Finlay Geoghegan, Mr Justice Michael Peart and Mr Justice Gerard Hogan.

The HSE said it moved Ms Earley temporarily in July 2015 because of several investigations concerning facilities for which she had responsibility. She was never the subject of an investigation or disciplinary process.

The move took place while a review examined allegations of sexual abuse and an alleged cover-up at mental health facilities in Roscommon. Ms Earley brought High Court proceedings to stop the transfer, alleging that it breached her employment contract and would adversely affect her reputation. After the High Court dismissed her action, she appealed.

Giving the Court of Appeal’s decision, Mr Justice Hogan said the High Court had erred. He ruled that the reassignment from her operational and clinical duties to non-operational duties breached her contract. The finding was unaffected by the fact that her pay was unchanged or that the move was described as temporary.

The court said it would grant a declaration that the HSE was not entitled under her contract to reassign her to a different, non-clinical role. It adjourned the matter to later in May so the parties could consider the judgment and whether to seek further relief.