A consultant doctor at the centre of human trafficking allegations has launched a High Court challenge against the HSE's alleged decision to terminate his employment.
The doctor, who denies any wrongdoing, says the purported decision to summarily dismiss him has being done under the guise of a retirement, is unlawful and has been done in the absence of any form of investigation or disciplinary procedure by the HSE.
The doctor claims the HSE's decision to end his role was done in the absence of fair procedures, due process, and in breach of his contract of employment.
The doctor, who cannot be named by order of the court, claims he was put on administrative leave by the HSE after he was arrested and his home and office were searched, and his electronic devices were seized by the gardaí last year.
Those actions by gardaí took place a year after it first contacted the doctor about an investigation into a person from Southern Africa who was seeking permission to enter Ireland. The doctor said that person had been relying on correspondence from the doctor to access the state.
The doctor was subsequently questioned by gardaí over alleged human trafficking offences, under both the 2000 Illegal Immigrants (Trafficking) Act and the 1998 Child Trafficking and Pornography Act.
He says he was questioned about photos on one of the devices, including pictures of his own young children when taking a bath that were sent to him by the children's mother.
He denies any criminal wrongdoing and says he has not been charged with any offences in relation to these matters.
'Shocked and surprised'
He claims that, following the publication of stories in the media about his arrest as part of an investigation into alleged human trafficking last month, he received a letter from the HSE's human resources section informing him that his employment had concluded and that he was to retire from his duties.
The doctor says that he was "shocked and surprised" by this letter and, in a sworn statement to the court, says he has been dismissed under the guise of a retirement because of the articles.
He intends to appeal the HSE's decision and claims that his suspension was never reviewed by the HSE, the court heard.
The doctor, who has worked for many years in various public hospitals in the State, also claims that while on suspension he was contacted by other medical personnel seeking his advice on clinical matters.
He fears that the HSE's decision will have a profound and damaging effect on his personal and professional reputation.
In his action, the doctor, represented by Jason Murray Bl instructed by Orpen Franks Solicitors LLP, seeks various orders, including an injunction restraining the HSE from implementing and imposing its purported decision to terminate his employment.
He also seeks orders including one reinstating him to his position, that his salary be continued to be paid and that no steps be taken by the HSE to replace him.
Dismissal challenge
The orders if granted, would remain in place pending the outcome of the full hearing of his challenge against the decision to dismiss him from his job.
The matter came before Friday's holiday sitting of the High Court. Ms Justice Leonie Reynolds granted the doctor's lawyers permission, on an ex-parte basis, to serve short notice of the injunction application on the HSE.
The judge, after making directions regarding the exchange of documents in the case, adjourned the matter to a date later this month.
Following an application to the court, the judge agreed to make temporary reporting restrictions in the case.
The judge accepted the man has not been previously identified in media reporting of the allegations.
It was accepted that he would be prejudiced if he was publicly identified as a result of taking proceedings aimed at clearing his name. The judge also noted the doctor has not been charged with any offence.
However, the judge added that while she was making an anonymity order, any media organisation that wished to make submissions on that matter was free to do so when the matter is next before the court.
