Nurse seeking reinstatement begins court case

A senior nurse at Dublin's St James' Hospital has brought a High Court action aimed at securing reinstatement to her position as clinical nurse manager at the hospital's intensive care unit.

Fionnuala Carty, Woodville Close, Woodville Downs, Lucan, Co Dublin has sued the hospital arising from her suspension in June 2010 from her position at the hospital's intensive care/high dependency unit.

The suspension arose from allegations of serious misconduct of which Ms Carty was "fully exonerated" by an internal investigation which was critical of the hospital, the court was told. However, on return to work, she was transferred to another unit.

Ms Carty is seeking a number of declarations and orders, including a declaration that her contract of employment as clinical nurse manager at the intensive care unit is valid and an order requiring the hospital to perform that contract.

She also wants declarations her suspension was in breach of contract, fair procedures and natural and constitutional justice. She has also claimed damages, including exemplary damages.

Yesterday, Oisin Quinn SC, for Ms Carty, said she had worked as a nurse in St James since 1987 but was suspended amid allegations of serious misconduct following a meeting with management in May 2010.

At that meeting, Ms Carty was informed there were issues surrounding the ICU and management wanted her out of the unit, counsel said. Ms Carty was offered, but had refused, early retirement on grounds of ill health, he said.

She was then suspended and an internal investigation was set up to investigate allegations against her.

The outcome of that investigation, published in November 2010, involved not just Ms Carty being "fully exonerated" but the investigators were also critical of the hospital, Mr Quinn said.

When Ms Carty returned to work, she was informed by management she was to be moved to another area and could not return to the ICU because of an alleged loss of confidence in her ability to manage that unit. It was proposed she would move to the Centre for Learning Development (CLD).

Counsel said his client had rejected that offer and commenced her legal proceedings.

While she had agreed earlier this year, under protest, to take up the position at the CLD, she contended her transfer and her suspension were in breach of her contract of employment and unlawful.

Ms Carty had dedicated her life to nursing and was extremely successful and highly regarded, counsel said. The hospital had no grounds to either suspend her or transfer her and, as a result of what had happened, she suffered loss and damage to her reputation.

In its defence, the hospital has denied it acted unlawfully, in breach of Ms Carty's rights or tried to remove her from her position.

While accepting early retirement was discussed with Ms Carty, the hospital denies management tried to force her to accept an early retirement option.

The hospital also denies Ms Carty was suspended for any other reason other than to conduct an investigation.

It claims it was entitled to suspend her and says the investigation was set up to assess whether there were reasonable grounds for holding a disciplinary hearing in respect of possible serious misconduct on her part.

The case before Mr Justice Roderick Murphy continues.