The Department of Health is facing another public airing of its management difficulties with a second senior official taking legal action over an employment dispute. The official is challenging actions of the Department's secretary general, Mr Jerry O'Dwyer.
The move comes on top of a case late last year in which an assistant principal officer, Ms Dolores Moran, took High Court action claiming Mr O'Dwyer failed to honour a commitment to appoint her to principal officer level. She said he had become hostile to her following conflict between her evidence and his to the Tribunal of Inquiry into the Blood Transfusion Services Board.
Although Ms Moran's action failed, the court found that Mr O'Dwyer, despite his evidence to the contrary, had arranged for her to be placed on the promotional ladder in January 1997 by arranging for her to be paid an "acting up" principal officer's allowance.
In a commentary on the case in the Irish Medical Times, Mr Ed Madden, a barrister, wrote: "This being the case, Mr Justice Morris's judgment may well form the basis of a further legal challenge by Ms Moran who, it is understood, is still awaiting promotion to principal officer level. Such a challenge would most likely be based on breach of contract."
The second case will underline the management problems in the Department, which has led to the special policy adviser to the Minister, Mr Noel Usher, asking to be moved from this position. Although Mr Usher has refused to comment, it is understood his request is related to the failure to promote Ms Moran.
Asked to comment on the second case, a spokesman for the Department said: "As in the normal course of events, there are a number of possible cases of litigation pending for various reasons involving the Department and officers of the Department."
The Minister for Health, Mr Cowen, has conceded that management problems exist in the Department but has denied they are affecting its work.
The Department faces a number of problems, including the crisis in Tallaght Hospital, the judicial review of the transfer of cancer services from Portlaoise to Tullamore and the forthcoming inquiry on the infection of haemophiliacs with HIV and hepatitis C.