A judge has made an interim order for the immediate reinstatement of the group clinical director of the Sims fertility clinics in Ireland, who alleges he was put on “gardening leave” after making protected disclosures.
Michael “Mikey” O’Brien disclosed conflict of interest and confidentiality concerns arising from an alleged “inappropriate” relationship between two senior staff members. He also raised concerns over allegedly inadequate nursing staffing levels at some clinics, Dublin Circuit Civil Court heard.
On the ex parte application (one side only represented) of barrister Conor Duff, for Mr O’Brien, Judge John O’Connor made an unprecedented interim order on Monday under section 12 of the Protected Disclosures Act for Mr O’Brien’s immediate reinstatement to his position from noon on Tuesday.
The order was sought pending the outcome of proceedings by Mr O’Brien, with an address in Naas, Co Kildare, against the Sims Clinic Limited before the Workplace Relations Commission.
Michelin star awards 2025: Three new stars for Carton House, Ballyfin and Lignum
‘He has broken me twice’: Former garda jailed for six years for sexually assaulting woman at Garda station
Israel places military on ‘highest alert’ as Hamas says it is postponing next hostage release
‘It was the worst house in Dublin 4’: Turning a derelict redbrick into a home
The Sims Clinic Ltd, which provides IVF treatment at several clinics in Ireland, is a subsidiary of an Australian company, Virtus Health.
While the other side has yet to be heard, the judge said Mr O’Brien had advanced “a strong case” for the order. He returned the matter to Friday when the respondent can seek to overturn or vary the order.
Mr O’Brien was accompanied in court by Ciara Lynch, who resigned last September as human resources director of the Sims company.
Mr O’Brien, who has a nursing degree, a higher diploma in midwifery and a master’s degree in leadership and practice, joined the Sims company in 2018. In 2022, he was appointed group clinical director, which he described as equivalent to the position of chief executive.
Mr Duff, instructed by solicitor Cathal Young, said the facts of the case are “astonishing” in relation to the manner in which the company dealt with his client.
Mr O’Brien is of “unblemished record”, has never taken a day of sick leave and had had no interaction with any disciplinary or grievance procedure, counsel said. On the contrary, he had received praise from all his superiors, including his manager, Andrew Came, the European director of Virtus Health.
The events complained of happened after Mr O’Brien made protected disclosures, counsel said. He had met Mr Came to indicate an “inappropriate” relationship could give rise to a conflict of interest and confidentiality issues.
He said he expressed concerns to Mr Came and others about inadequate nursing staffing levels at some clinics, but he alleged Mr Came was unhappy with him arranging for the payment of extra overtime to address that.
Mr O’Brien was called unexpectedly into a meeting with Mr Came on February 5th last from which he understood he could consider his options, counsel said.
From texts received by him from shocked colleagues on his return home, he learned he had been put on “gardening leave”, Mr Duff said.
Counsel said, when Mr O’Brien attended work the next day, he was “marched out of the premises” by Mr Came “in plain sight, in front of subordinates and colleagues, in the most undignified manner”, causing “significant reputational consequences” for him.
In response to correspondence from Mr O’Brien’s solicitor asking that the gardening leave be lifted within 24 hours, failing which a court order would be sought, a “very concerning” letter was received from solicitors for Sims which made a reference to it being willing “to pause” the “termination” of his employment.
Mr O’Brien wanted the interim order for immediate reinstatement because of the “very serious” consequences of this penalisation of him for his standing in the small healthcare community here.
The interim order sought was “significant” but, if ever a case warranted it, this was such a case, Mr Duff said. Judge O’Connor said it was “an unusual step” to seek such an order but he would grant it.
- Sign up for push alerts and have the best news, analysis and comment delivered directly to your phone
- Join The Irish Times on WhatsApp and stay up to date
- Listen to our Inside Politics podcast for the best political chat and analysis
