A SENIOR member of the “kitchen cabinet” of former HSE chief executive Prof Brendan Drumm, who retired on health grounds a number of years ago, is involved in a landmark attempt aimed effectively at getting his job back in the health service.
The Irish Timesunderstands that Tommie Martin, the former HSE national director of the office of the chief executive, has been involved in a case before the Labour Court in recent weeks.
A career public servant, Mr Martin was a senior official in Comhairle na nOspidéal, the body that regulated the appointment of hospital consultants, before being handpicked by Prof Drumm to serve as one of a small group of personal advisers on his appointment to the HSE in 2005.
Mr Martin took leave and eventually retired on ill-health grounds in 2008.
He retired shortly after a highly controversial incident outside a pub near the HSE headquarters in Dublin in July 2008 during which another of Prof Drumms handpicked team of advisers, communications consultant Karl Anderson, sustained a broken arm.
The incident occurred following a going-away party for another HSE official.
It is understood Mr Martin has claimed he has recovered his health and is effectively seeking his job back.
Earlier this month the Labour Court held a hearing which, it is understood, dealt with the technical issue of whether Mr Martin was currently a worker under the terms of relevant legislation. Those taking Labour Court cases must be deemed workers in this way.
In a letter sent earlier this week the court said it found the circumstances of the applicant in this case to be quite unusual.
It said it found it necessary to hear submissions of both parties in order to enable it to determine whether, in these specific and unusual circumstances, the court had jurisdiction to hear the case and make a recommendation on the substantive issue under the relevant legislation.
“Accordingly the court invites both sides to make written submissions on the substantive issue, how the retirement came about and whether or not there was a contractual, legal, legitimate reasonable expectation that a return to work was envisaged, contemplated or provided for when the applicant opted to retire on ill-health grounds.”
The court said both the HSE and Mr Martin should make arguments on whether he is or is not a worker under the terms of the legislation. It is understood Mr Martin is being represented by former trade union leader Phil Flynn.
Sources have suggested if Mr Martin were to win his case it could set a significant precedent for other cases in the public service where staff who retired on ill-health grounds may want to subsequently return to work. Neither the HSE nor sources close to Mr Martin would comment on the case yesterday.
