The High Court has found that the Health Service Executive breached the employment contract of surgeon Ibrahim Ahmed after his successive fixed-term appointments at Louth County Hospital became a contract of indefinite duration.
Mr Ahmed had worked as a consultant surgeon at the Dundalk hospital from August 2000. Under the Protection of Employees (Fixed-Term Work) Act 2003, the parties accepted that by 30 June 2004 his employment had become indefinite rather than another temporary fixed-term appointment.
The dispute arose as surgical services in Louth were being reorganised between Louth County Hospital and Our Lady of Lourdes Hospital in Drogheda. The HSE initially intended that Mr Ahmed’s temporary position would end in December 2004. It later accepted that he remained a permanent employee but proposed a series of postings, including temporary work in Monaghan and Cavan and, later, a role providing ongoing locum cover for six surgeons across the Louth Meath Hospital Group.
Ms Justice Laffoy held that the Consultants’ Common Contract applied to Mr Ahmed, including a clause allowing transfer from his original hospital where major changes had occurred in the character of the work, provided an appropriate alternative appointment was offered.
The court found that the reorganisation of surgery in Dundalk met the first condition. Emergency surgery had moved to Drogheda, while consultant services were reorganised across both hospitals.
However, the HSE had not met the second condition. The proposed short-term postings and permanent locum role were not appropriate alternatives. In particular, the locum arrangement would prevent Mr Ahmed from exercising the private-practice rights attached to his consultant contract.
The judge therefore held that the HSE had been in breach since January 2005, when Mr Ahmed returned from leave but was not permitted to resume work at Louth County Hospital and was not given a suitable alternative permanent appointment.
The judgment determined liability and contractual terms only. The court encouraged the parties to agree a practical solution rather than have the remaining remedies imposed judicially.