IMO issues proceedings to force HSE to release unlawfully withheld payments to Consultants
Statement by Irish Medical Organisation
IMO issues proceedings to force HSE to release unlawfully withheld payments to Consultants.
Friday 1st April 2015. The Irish Medical Organisation (IMO) has commenced legal proceedings in the High Court to secure the release of salary increases due in 2009 under the terms of the 2008 Consultant Contract which the HSE has unlawfully withheld.
Dr. Peadar Gilligan, Chairman of the IMO Consultant Committee, confirmed the move at the organisation’s AGM in Sligo today. Dr. Gilligan said that reports in the media today suggests the Attorney General is advising the Government that the HSE action can not be defended; “given the reported view of the AG on this matter, we would question why the HSE would waste further taxpayer money by fighting this issue.”
The IMO has been in dispute with the HSE on this issue since 2009 when the HSE unilaterally decided to withhold salary increases due at that time under the 2008 Contract. A recent Employment Appeals Tribunal (EAT) hearing on this matter and the reported advice of the Attorney General confirms the IMO position that this payment was illegally withheld. The IMO will vigorously pursue this issue and will proceed with legal cases to the High Court unless the matter is settled.
Speaking today, Dr. Gilligan said that the unilateral move by the HSE in 2009 was an “abuse of their position as an employer”. He said; “is it any wonder that the HSE is struggling to recruit doctors given their record as an employer. Incidents like this feed the general crisis in morale amongst Irish doctors and directly contribute to the current exceptionally high emigration levels amongst Irish doctors.”