THE IRISH Medical Organisation and several junior doctors have initiated a High Court action alleging breach of contract by the Health Service Executive in seeking to implement a range of cost-saving measures which will adversely affect their pay and conditions.
The proposals will “cause havoc”, the court was told.
Ms Justice Mary Laffoy yesterday granted leave to the IMO and six doctors to apply tomorrow for an injunction preventing the HSE implementing a number of proposals outlined in a letter sent to the IMO at the end of January.
The six plaintiff doctors – Orla Neylon, Aisling Snow, Darragh Shields, Michael Barrett, Waqar Ahmed and Patrick Kelly – are all non-consultant hospital doctors (NCHDs).
The action arises from HSE proposals to reduce overtime rates for NCHDs, suspend training grants and discontinue various allowances.
The HSE is also seeking to end any payment for attendance at in-house courses and to introduce an unpaid meal break for all NCHDs.
The IMO and the doctors claim the proposals are a manifest and unilateral alteration of their contracts of employment, are impractical and will damage the functioning of the departments in the hospitals where they work.
Yesterday, Michael Cush SC, for the plaintiffs, said the HSE had put forward proposals earlier this year as “cost-saving measures”.
Counsel said the doctors are employed on training schemes at various hospitals in Ireland on rolling contracts. These are due to end on various dates ranging from June 30th next to June 2011.
Under their existing contracts, doctors have a 39-hour working week and are required to work overtime, Mr Cush said.
The contracts provided the first 15 hours of overtime were paid at the hourly rate, plus one quarter. Any other overtime attracted the hourly rate, plus one half.
Counsel said one of the HSE proposals was for the first nine hours of overtime to be paid at a flat rate which, he said, amounted to an extension of the doctors’ working week by nine hours.
Counsel added the action was being supported by letters from two consultant doctors, who said the HSE’s proposals would “cause havoc”.
While there had been communication with the HSE about the proposals and the prospect of seeking an injunction was raised, the HSE had denied the proposals amounted to a breach of contract, counsel said.
His clients are seeking an early hearing of the full action, he added.