The group clinical director of the Sims fertility clinics in Ireland has been suspended just days after a judge ordered his immediate reinstatement, a court has heard.
Michael ‘Mikey’ O’Brien, who had been reinstated last Tuesday on foot of an interim order made at Dublin Circuit Civil Court under the Protected Disclosures Act, was suspended on foot of a notice delivered to his home at 3am on Friday, Judge John O’Connor was told.
Mary Paula McGuinness, for The Sims Clinic Ltd, said the suspension was over “inappropriate” behaviour by Mr O’Brien in the workplace.
She alleged Mr O’Brien was showing messages concerning the litigation on Wednesday while playing the Abba song Money, Money, Money.
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That behaviour was denied but, she said, Mr O’Brien was suspended following further “inappropriate” and “intimidating” behaviour towards other employees.
Ms McGuinness said she was outlining the company’s position because the suspension was a step that undermined the reinstatement order.
The suspension was “completely separate” to the matter concerning whether Mr O’Brien had made protected disclosures, she said.
Conor Duff, for Mr O’Brien, said the “spurious” allegations of inappropriate behaviour against his client were prejudicial to him and had not been put on affidavit.
Earlier, Mr Duff said that since the interim order was granted, there had been engagement with the company and it wanted two weeks to provide a replying affidavit.
He was taking instructions in relation to the suspension development, which may warrant further action, he said.
Mr O’Brien, who obtained the interim reinstatement order pending his complaint before the Workplace Relations Commission (WRC), may need to bring a further claim to the employment body, Mr Duff said.
Judge O’Connor agreed to adjourn the case for two weeks.
The interim reinstatement order was granted on an ex-parte basis on Monday after Mr O’Brien, with an address in Naas, Co Kildare, alleged he was put on gardening leave after making protected disclosures.
Mr O’Brien said he had disclosed conflict of interest and confidentiality concerns arising from an alleged “inappropriate” relationship between two senior work colleagues.
He said he had also made a disclosure related to concerns over allegedly unsafe nursing staffing levels on some occasions at some clinics.
Judge O’Connor said, although he had yet to hear the other side, he believed Mr O’Brien had advanced a “strong” case for an unprecedented interim order under the Protected Disclosures Act for his immediate reinstatement to his position from noon on Tuesday.
The Sims Clinic Ltd, which provides IVF treatment at several sites in Ireland, is a subsidiary of an Australian company, Virtus Health.
Mr O’Brien, who has a nursing degree, a higher diploma in midwifery and a master’s degree in leadership and practice, joined the company in 2018. In 2022 he was appointed group clinical director.
When seeking the interim order, Mr Duff had said his client had an “unblemished” work record and had received praise from all his superiors, including his manager, Andrew Came, the European director of Virtus Health.
The events complained of happened after Mr O’Brien made protected disclosures, Mr Duff said.
At a meeting with Mr Came, the court heard, Mr O’Brien expressed concern that an “inappropriate” relationship could give rise to a conflict of interest and confidentiality issues.
He also expressed concerns to Mr Came and others that nursing staffing levels on certain occasions had potential consequences for patient safety.
Mr O’Brien had been called unexpectedly into a meeting with Mr Came on February 5th, was presented with options and found out later, via texts from colleagues, he had been put on “gardening” leave, Mr Duff said.
When Mr O’Brien attended for work the next day, he was “marched out of the premises” by Mr Came, Mr Duff said.
