CHI agrees not to take steps to dismiss spinal surgeries waiting list manager
High Court Reporters
Children's Health Ireland (CHI) has agreed before the High Court not to take steps to dismiss a business manager who was sacked in August over what she says was an instruction by her superiors to delist ten patients from the CHI spinal surgery waiting list.
Anita Little's job must also not be filled or advertised as being vacant pending further order, CHI have agreed in formal undertakings to the court.
On Tuesday, Mr Justice Cregan granted an interim injunction restraining CHI from dismissing Ms Little who became business manager in charge of administering the spinal surgeries waiting list in 2024.
She claims she was dismissed for serious misconduct following instructions to suspend the names of ten patients from the waiting list.
She said her purported dismissal followed a flawed investigation and disciplinary hearing in which she was, among other things, deprived of her right to call witnesses in her defence, introduce exculpatory documentary evidence or challenge erroneous findings of fact or examine witnesses.
Tuesday's application was made with only the Little side represented. In response to pre-litigation correspondence from her lawyers seeking undertakings not to dismiss her until she had a fair hearing, CHI said it was not prepared to do so, that she had had a fair hearing and had a right to pursue unfair dismissal.
The case returned on Thursday when the judge was told CHI had agreed to give certain undertakings in line with the interim orders.
The court was told internal advertisements for her job had been taken down and instructions had been given on Wednesday to external agencies to do the same.
The judge said these undertakings will be recited in the court order.
He also adjourned until Friday an application by the Little side that she continue to be paid her salary pending determination of the proceedings.
He said he would have thought restraining the defendant from taking any steps to dismiss her meant she was still to be paid.
If he had to hear the matter tomorrow, he would do so, but added he was "definitely minded to keep her on salary".
