Surgeon sues HSE claiming he was put on enforced sick leave

A consultant surgeon has brought a High Court challenge against the HSE’s decision to place him on what he claims is enforced sick-leave and its refusal to allow him to return to work.

The action has been brought by Dr Pawan Rajpal, who is a constant general and Colorectal Surgeon who has been employed at Cavan General Hospital for almost 25 years. He also works at Monaghan General Hospital, and Connolly Hospital in Dublin.

The court heard that in August 2022 Dr Rajpal was informed that he was the subject of a complaint from another staff member, and that he faced being suspended. Dr Rajpal strongly denies any wrongdoing, and says that the allegations relate to an alleged encounter outside of working hours and away from HSE property.

He claims that no formal decision was ever taken by the HSE to suspend him, and that he has not been properly informed by the HSE of the full details of the allegation against him.

Arising out of the allegation against him, Dr Rajpal took sick leave for a two-week period, due to work-related stress. In mid September, he obtained a certificate from his GP stating that he was ready to return to work.

However, he claims that the HSE has failed to allow him to return to his duties.

He claims that the HSE has unlawfully and, in breach of his contract of employment, insisted that he cannot return to work unless he is reviewed by an occupational health therapist of the HSE’s choice.

Dr Rajpal claims that this falls outside a stipulated process for referrals to occupational health professionals, which expressly states that an employee does not have to undergo any form of assessment and can refuse to attend.

He also claims that no proper procedures that would allow the HSE restrict his ability to work have been followed.

The HSE’s position, he claims, amounts to placing him on enforced sick leave and is in effect a suspension, and is in breach of his contractual rights. Dr Rajpal claims that prior to these incidents he had voiced his opposition to what he claims are the HSE’s attempts to bring about changes that would downgrade facilities at Cavan Hospital. He further claims that being out of work has damaged his reputation, and his ability to earn a living.

Since September, he has been working at other hospitals. He claims that the HSE’s actions, and alleged failures to provide him with adequate reasons for its decision, are in breach of the rules of natural justice, and a failure to comply with fair procedures.

Represented by Patrick McCann SC, with David Lennon Bl, Dr Rajpal has brought judicial review proceedings against the HSE where he seeks various orders and declarations from the court including a order terminating his sick leave and that he be immediately reinstated to his role. He also seeks various declarations including that the refusal to allow him to return to work is in breach of his contractual entitlements, and that any decision to suspend him be terminated.

He further seeks an award of damages against the HSE.

The matter came before Mr Justice Charles Meenan, who on an ex-parte basis, granted Dr Rajpal permission to bring his challenge against the HSE.

The judge made the matter returnable to a date next month.