Children’s Health Ireland (CHI) has agreed before the High Court not to take steps to replace a business manager. Anita Little was sacked in August over what she says was an instruction by her superiors to delisting 10 patients from a spinal surgery waiting list.
Ms Little’s job will not be filled or advertised as being vacant pending further order, CHI agreed in formal undertakings to the court.
On Tuesday, Mr Justice Brian Cregan granted a short-term injunction restraining the organisation from dismissing Ms Little, who became business manager in charge of administering the spinal surgeries waiting list in 2024.
She claims she was dismissed for serious misconduct following instructions to suspend the names of the 10 patients.
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She said her dismissal followed 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, challenge erroneous findings of fact or examine witnesses.
Tuesday’s application was made with only the Little side represented. In response to pre-litigation correspondence from her lawyers seeking undertakings not to dismiss her until she had a fair hearing, CHI had said it was not prepared to do so, that she had a fair hearing and had a right to pursue unfair dismissal.
The case returned on Thursday when the judge was told CHI had now agreed to certain undertakings in line with the interim orders. The court was told internal advertisements for her job had been taken down and instructions had been given on Wednesday to external agencies to do the same.
The judge said these undertakings will be repeated in the court order. He also adjourned until Friday an application by the Little side that she continue to be paid her salary pending determination of the proceedings.
He said by restraining the defendant from taking steps to dismiss Ms Little, he envisaged her still being paid. If he had to hear the matter on Friday, he would do so, but added he was “definitely minded to keep her on salary”.
