The High Court has declared null and void the Central Bank of Ireland’s decision not to allow economist John Delaney to return to work, finding that the process behind it breached his right to fair procedures.
The ruling concerned the assessment process that began with the Bank’s referral of Mr Delaney to consultant forensic psychiatrist Dr Damian Mohan in 2007 and led to the Bank’s decision, communicated on 7 July 2008, that he should not return to work. Mr Delaney had been on sick leave and was paid at the pension rate under the Bank’s sick leave rules.
The court found that the Bank supplied Dr Mohan with material about Mr Delaney without telling him or his solicitors, and later refused to provide that material when they requested it. Further documentation was sent to Dr Mohan in April 2008, including material contributed to by Bank officials. Mr Delaney was not told what it contained or given an opportunity to respond to it during the assessment.
The judge said a proposed second interview with Dr Mohan did not cure the fairness problem. Mr Delaney had declined to attend, but the court found he would not have known the information and views that had shaped the assessment. It also found that the source of some material carried a real likelihood of partiality or bias, particularly because a Bank official involved in the underlying workplace complaint contributed information about Mr Delaney’s traits and work conduct.
Dr Mohan’s report concluded that Mr Delaney had a psychiatric disorder and recommended sick leave and treatment. Consultant psychiatrist Dr Abbie Lane gave a different opinion, concluding that he was fit for work. The court expressly said it was not deciding which expert’s view was correct or whether Mr Delaney was medically fit to return. Its finding concerned the fairness of the process on which the Bank relied.
The court did not invalidate the original referral to Dr Mohan. It held that Mr Delaney’s agreement to attend, given with independent legal advice, meant the referral itself was not open to challenge at this stage.
The judge also did not make a final order on the consequences of declaring the Bank’s decision void. The parties were to be heard further on the precise form of order, including a submission that Mr Delaney should return to the payroll and receive salary arrears.