Supreme Court upholds HSE decision to suspend Ray O’Sullivan

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

The Supreme Court ruled by a four-to-one majority that the HSE acted fairly and reasonably when it suspended consultant gynaecologist Professor Ray O’Sullivan from his former post at St Luke’s Hospital in Kilkenny and later dismissed him. The proceedings were reported on 10 May 2023.

The court overturned a March 2022 Court of Appeal finding that Prof O’Sullivan was entitled to an order quashing his suspension and allowing him to return to work. He had been placed on administrative leave on full pay in August 2019 after complaints from other staff members.

It was alleged that he carried out unauthorised and unapproved actions and procedures on five female patients in September 2018. The allegations included a lack of patient consent and ethical approval, and the use of non-hospital equipment. Prof O’Sullivan denied wrongdoing and claimed a report conducted for the HSE found that he posed no risk to patient health and safety.

Giving the majority decision, Ms Justice Elizabeth Dunne said there was significant evidence available to justify administrative leave. She also found that the HSE’s January 2020 recommendation to a ministerial committee that he be dismissed was not unreasonable, irrational or arbitrary.

In dissent, Mr Justice Seamus Woulfe held that the HSE was not entitled to require administrative leave. He said it had failed to consider relevant matters, including a report that identified no ongoing risk to patients.

In late 2022, after mediation, Prof O’Sullivan settled his legal action against the HSE on confidential terms and subsequently resumed practising medicine. The HSE nevertheless sought a Supreme Court determination on the fairness of its suspension and dismissal recommendation.