Galway Bay fm newsroom - The High Court has dismissed an application by the CEO of a group that runs several public hospitals, including those in Galway, for an injunction preventing the HSE from removing him from his role.
Maurice Power, who was appointed the CEO of Saolta University Health Care Group, which runs public hospitals in counties Galway, Roscommon, Mayo, Sligo and Donegal in 2014 had sought various order preventing his removal from the post pending the outcome of his action against the HSE.
That action is pending before the Workplace Relations Commission.
Dismissing the application for an injunction Mr Justice Senan Allen said the High Court had no jurisdiction to adjudicate on the merits of Mr Power's claim against the HSE, or what the appropriate remedy would be if he were to succeed before the bodies empowered by law to determine the dispute.
Mr Power of Moycullen had sought various orders including an injunction preventing the HSE from terminating his employment as the group's CEO.
He also sought an order preventing the HSE appointing anyone else as the group's CEO, pending the outcome of his claim before the WRC.
Mr Power claims he enjoys an entitlement to a Contract of Indefinite duration in respect of his role, that the HSE has acted wrongfully and in breach of his contract of employment.
The action arose after the HSE embarked on a process of recruiting a CEO for the group, which has more than 10,000 staff, an annual budget of more than €850m.
Mr Power applied for the job and was called to a preliminary interview, however, he was not invited to the second round of interviews.
He appealed the decision not to include him in the second round and has also lodged a claim with the WRC.
Mr Power had been the group's Chief Financial Officer before becoming the CEO.
The HSE argued that Mr Power does not have a contract of indefinite duration for the position of the group's CEO.
It also argued that his employment has not been terminated and that he will return to the role he previously held with the defendant prior to him taking up the role as interim CEO.
In his judgment, Mr Justice Allen agreed with the HSE's argument that the High Court lacked jurisdiction to entertain this application and dismissed the application.
