The High Court has granted an interim injunction restraining Children’s Health Ireland (CHI) from dismissing a business manager.
Anita Little’s role is in relation to managing and administering the waiting list for CHI spinal surgeries, on a salary of about €76,500.
She claims she was dismissed for serious misconduct following instructions to suspend the names of 10 patients from the waiting list.
She was dismissed on August 19th last following what she said was a flawed investigation and disciplinary hearing in which she was, among other things, deprived of her right to call witnesses in her defence, introduce exculpatory documentary evidence or challenge erroneous findings of fact or examine witnesses.
RM Block
On Tuesday, Mr Justice Brian Cregan granted Richard Kean SC, for Ms Little, interim injunctions restraining CHI from dismissing her or advertising her post as vacant pending further order. The application was made with only the Little side represented; the case will come back later in the week.
Mr Kean said that in reply to calls from her lawyers to give undertakings not to dismiss her until she had a fair hearing, CHI said it was not prepared to do so, that she had had a fair hearing and had a right to pursue unfair dismissal.
Counsel said his client had been scapegoated in carrying out an instruction to remove the names and the disciplinary process was a contrivance.
Ms Little, in an affidavit, said she became business manager in that role in January 2024 and from an early point she encountered significant pressures and difficulties in carrying out her function.
There were continuous meetings between the Department of Health and members of the CHI spinal surgeries team as there was a requirement to address the lists in line with the National Treatment Purchase Fund protocol.
In October 2024, she said former CHI deputy chief executive Stephen Flanagan raised concerns there were patients on the list who appeared to be improperly listed.
At a meeting with Mr Flanagan, assistant director of nursing Keelin Hession, and Ms Little’s line manager Ciara Ní Fhlathartaigh in November 2024, she said she was instructed to suspend the 10 patients from the list.
Subsequently, following implementation of the decision, concerns were raised about it and she said she felt Ms Ní Flathartaigh had persistently undermined her and acted inappropriately when the issue of patient suspensions was raised.
She said she went out on sick leave for work-related stress and last February she was told a formal complaint had been made against her by Ms Ní Fhlathartaigh.
The disciplinary process and appeal followed, which she said was flawed and unfair.
