Junior doctors' action against HSE adjourned

A High Court action initiated by the Irish Medical Organisation (IMO) and a number of junior doctors concerning an alleged breach of contract by the Health Services Executive in seeking to implement a range of cost-saving measures will be heard after the Easter break.

Today at the High Court Ms Justice Mary Laffoy said given the urgency of the matter she would speak to the President of the High Court Mr Justice Richard Johnson and ask that a judge be assigned to hear the case early in the next legal term.

Previously the judge granted permission to the IMO and six doctors to apply for an injunction preventing the HSE implementing a number of proposals outlined in a letter sent to the IMO at the end of January.

Today Mr Anthony Collins SC for the HSE said that both sides are anxious to get the case heard as early in the new legal term as possible.

Mr Michael Cush SC for the IMO and the doctors said that it had been agreed between the parties that nothing will be done to implement the proposals outlined by the HSE in its letter of January 30 over the next seven days.

In their action IMO and the doctors say the HSE's proposals to reduce overtime rates for junior doctors, suspend training grants and discontinue various allowances will "cause havoc",

The HSE is also seeking to end any payment for attendance at in-house courses and to introduce an unpaid meal break for all non-consultant hospital doctors (NCHDs).

The six plaintiff doctors - Orla Neylon, Aisling Snow, Darragh Shields, Michael Barrett, Waqar Ahmed, Patrick Kelly, are all NCHDs and members of the IMO.

They claim the proposals are a manifest and unilateral alteration of their contracts of employment, are impractical and will damage the functioning of the various departments in the hospitals where they are working.

However the court was informed that in correspondence the HSE has denied that its proposals amount to a breach of contract.