The High Court has rejected an application by a consultant surgeon for an injunction restraining the Health Service Executive (HSE) from requiring him to agree to certain conditions before he may return to work at Cavan Hospital.
The president of the High Court, Mr Justice Finnegan, said yesterday his decision to refuse the injunction sought by Mr William P Joyce, with an address at Derrycramph House, Derrycramph, Co Cavan, "turned very largely on what I perceive to be the public interest in the safety and welfare of patients attending Cavan General Hospital rather than the interest of either of the parties".
He added that the alleged risk involved was not posed by any want of skill or competence on Mr Joyce's part but was in consequence of the long history of interpersonal difficulties within the hospital's surgical department and the effect this had on staff in that department.
Mr Joyce had sought the injunction pending the outcome of the full hearing later this year of proceedings brought by him challenging those conditions.
The judge made it clear to both sides he hoped the dispute could be resolved by negotiations. He said there appeared to be a reluctance by the HSE to negotiate and, if that was the case, he would urge it to reconsider its position. It was open to Mr Joyce to accept the conditions pending a hearing of his action notwithstanding his objections.