The High Court has refused Maurice Power’s application to remain interim chief executive of the Saolta University Health Care Group while his employment claim proceeded through the Workplace Relations Commission (WRC). Mr Justice Allen held that the court had no jurisdiction to make the interim orders sought. He did not decide the merits of Power’s claim or what remedy the WRC might award.
Power, who had worked for the Health Service Executive (HSE) since 1999, was appointed interim chief executive in October 2014 while retaining permanent employment with the HSE at his substantive grade. The assignment was renewed several times. A December 2018 letter extended it while recruitment for a permanent chief executive was completed, or pending alternative arrangements.
Power also applied for the permanent chief executive post in a competition run by the Public Appointments Service. He was shortlisted and interviewed, but was not selected for a second interview. In January 2019, he asserted that his successive fixed-term appointments had given him a right under the Protection of Employees (Fixed-Term Work) Act 2003 to a contract of indefinite duration as chief executive. He lodged a complaint with the WRC in February.
He asked the High Court to prevent the HSE from ending his chief executive assignment, appointing a replacement or continuing the recruitment competition, and to require it to let him perform the role while the statutory claim was determined. His case was that interim court orders were needed to preserve an effective remedy. The HSE disputed the court’s jurisdiction and argued that the statutory process was the proper forum.
Justice Allen concluded that the High Court could not decide the substance of the statutory claim or determine what remedy might follow if Power succeeded. The legislation assigned those matters to the statutory process, including the WRC and any appeal route. The judge rejected the argument that the High Court could fill a gap by providing interim relief unavailable through that process. He said the orders sought would shape a possible future remedy rather than assist the statutory claim.
The court also noted that the WRC could order reinstatement among its available remedies, and that Power was not facing dismissal from the HSE: he could return to his substantive role or an alternative position at the same grade. The judge said the application had to be refused for lack of jurisdiction. He added that, if those issues had arisen, the balance of convenience would have weighed overwhelmingly against the orders, and Power’s delay would also have counted against them.
The ruling left Power’s WRC complaint unresolved. The court made no finding on whether he had acquired a contract of indefinite duration or on the likely outcome of the statutory process.