A hospital consultant in the northeast who has been left sitting at home on full pay for more than eight months has succeeded in a case he took against the Health Service Executive (HSE) North East Area.
The doctor worked as a locum consultant surgeon in the region for more than four years when in January he was told by the HSE North East Area (formerly the North Eastern Health Board) that it had no work for him.
The decision of the HSE to lay him off on full pay followed attempts by the doctor to have his job placed on a permanent footing.
He argued that under the Protection of Employees (Fixed Term Work) Act 2003 employees must be made permanent by their employer if they have been in their employment for more than four years.
There were no questions over the doctor's ability or skills to do his job.
The case went before a rights commissioner and it has now emerged the commissioner made a decision on August 11th to the effect that the doctor was entitled to a permanent, pensionable job under current legislation.
The rights commissioner also awarded the doctor €20,000 in compensation.
Despite the fact that the decision was made five weeks ago, the doctor still hasn't been given a job by the HSE. He is still at home on full pay.
When contacted yesterday, the doctor said: "I want to go back to work as soon as possible. I do not want to be sitting at home because I will lose my skills."
But when his solicitor contacted the HSE about the decision and about returning to work he was told the HSE was seeking legal opinion on the rights commissioner's decision. It could be appealed to the Labour Court.
A spokeswoman for the HSE North East Area said yesterday it was considering the matter.
Several other doctors who have been working in a temporary capacity in Irish hospitals for many years are also taking cases.