A highly regarded doctor working in addiction services has been granted an injunction by the High Court, stopping the Health Service Executive from forcing him to retire.
Paul Quigley, a GP in the HSE's north Dublin addiction services, turned 65 on 19 October. He went to court after receiving a letter saying he would have to retire at that stage.
Dr Quigley specialises in substance abuse and has worked in the service for 19 years and was described as highly regarded not just in Ireland but internationally.
His lawyers claimed the forced retirement amounted to age discrimination.
They said there was no retirement age in his contract and others in the HSE were still working beyond 65.
He was looking for an injunction preventing the termination of his employment pending a full hearing of his case.
The court heard no replacement had been found for Dr Quigley and the HSE had said it would fill his role with an agency worker.
The HSE argued there was no requirement for it to have sat down and discussed justification for compulsory retirement individually with Dr Quigley.
In his ruling, Mr Justice Paul Gilligan said Dr Quigley had made out a strong case that the contractual situation as of 2001, was that his employment was to be for an indefinite period, and that that position had never been changed.
He also said the doctor had made out a strong case that no one else in the same position had been forced to retire at the age of 65 and that two doctors working in the substance abuse area, who were employed in 2001 had continued in their employment beyond the age of 65.
The judge said he did not consider damages would be an adequate remedy.
He said Dr Quigley dealt on a daily basis with a multitude of patients in the area of substance abuse. And he said if the HSE was so well aware that Dr Quigley was due to retire on his 65th birthday, it would have been reasonable to have put in place the necessary procedures to employ a replacement.
The case will be back in court next month.
