GP blocks HSE in court from making him retire
Dr Paul Quigley, 65, sues over ‘age discrimination’
A HIGHLY regarded GP, who claimed he was being discriminated against on the grounds of age, has won a High Court injunction blocking the HSE from forcing him to retire at 65.
Dr Paul Quigley, who turned 65 on October 19, must be allowed to return to work today, Mr Justice Paul Gilligan ordered in court.
Judge Gilligan said he took the view that Dr Quigley, who works in addiction services in north Dublin, had made a strong case which was likely to succeed when it comes to a full hearing next year.
He noted that Dr Quigley had argued that his contract of employment was for an indefinite period and did not specify a retirement age.
And he observed that at least two other medical doctors working in the substance abuse area had continued to work past the age of 65, without challenge.
Dr Quigley had told the High Court that on September 22 this year, he was written to by the general manager of the Social Inclusion and Addiction Service, telling him that his employment would terminate on his birthday.
This amounted to three weeks’ notice after 19 years’ service, he said. He argued that this termination was invalid, based on his contract.
And he also said that the imposition of a compulsory retirement age without justification was unlawful discrimination on age grounds, and therefore contrary to his rights under European law.
‘The plaintiff’s case is that he is entitled to remain on in the employment of the defendant for as long as he wishes and is medically fit,’ said Judge Gilligan.
He said Dr Quigley had begun work with the HSE in its addiction service in 1998, when he was given a six-month contract.
He was given a further contract as a permanent officer in 2001.
‘It is quite clear that the contract was for an indefinite period,’ the judge said.
The HSE had argued that it should have been clear to Dr Quigley that the retirement age applicable to him as a permanent officer was 65. This was based on the Health Act of 1970.
It said the Public Service Superannuation Act of 2004 abolished this retirement age, but only for new entrants employed after April 2004.
When he joined the superannuation [pension] scheme in 2006, he would have seen the maximum retirement age of 65 in the information booklet, it said.
And it also said that the retirement age was an ‘implied term’ of his contract.
The judge noted that a colleague of Dr Quigley, Dr Deirdre Dowdall,
Contrary to European law
had described him as an expert on addiction issues, an academic leader among his peers and a highly regarded medical practitioner in his field, not only in Ireland, but also internationally.
She added that she had never known of anyone being obliged to retire at 65.
During the hearing of the injunction application, the court heard that 75 others, out of 50,000 HSE ‘officer grade’ employees similar to Dr Quigley, were working beyond the age of 65.
His counsel, Marguerite Bolger SC, said Dr Quigley’s income would be slashed by three quarters if he were forced to retire, because he only entered the superannuation scheme in 2006.
He had arranged his financial affairs on the basis that he could continue working after 65 as others within the addiction services had done.
She added that despite the HSE apparently knowing for years that it would be terminating Dr Quigley’s employment at 65, no replacement had yet been found for him, counsel said.
The HSE had indicated it would fill his role with an agency worker, she said.
In his judgment, Judge Gilligan said that damages would not be of adequate benefit to Dr Quigley should he be forced to stop work now.
He said: ‘I believe it is reasonable to come to a conclusion that if the plaintiff is no longer to attend to his patients and carry out his daily duties, and be without a salary, he will suffer a loss of professional prestige and standing in respect of which monetary compensation will be inadequate.’
And the judge added: ‘The fact of the plaintiff remaining on in his employment will be to the benefit of the patients who seek his medical assistance.’