A decision by Midland Health Board to fire a medical registrar, who allegedly refused to work with an intern, was overturned by the Supreme Court yesterday.
Egyptian-born Dr Elia Erian Aziz had a one-year contract with Tullamore General Hospital from January 1994, but the contract was terminated in March when he failed to report for duty on January 22nd, 1994, a Saturday.
Dr Aziz had appealed his unsuccessful High Court challenge. Giving his judgment yesterday, Mr Justice Keane said there were four grades of medical staff at Tullamore hospital - consultants, registrars, senior house officers and interns.
Each registrar was attached to a particular consultant and acted as deputy in their absence. Dr Aziz had decided it was not an appropriate practice to roster him for weekend duty with an intern only because of the lack of experience of the intern. He had written to a consultant physician, Dr John Taaffe, complaining about "the dangerous practice" of rostering a medical registrar without SHO cover.
In a written reply, Dr Taaffe said he was communicating Dr Aziz's decision to the hospital administration. Dr Aziz claimed he received no further communication and assumed alternative arrangements had been made.
On Saturday, January 22nd 1994, he got a call from a nurse in coronary care and told her he was not on call that day.
Dr Aziz complained to the High Court that he was not allowed legal representation at an inquiry carried out by the Midland Health Board. He made representations but was informed his employment had been terminated.
Mr Justice Keane said it had been repeatedly emphasised in recent court decisions that judicial review was concerned not with the decision made but with the decision-making process.
The issue for the High Court was not whether there was sufficient evidence to justify the decision made by the MHB, but whether fair procedures had been adopted.
Given the clear conflict between Dr Aziz and Dr Taaffe, the failure to observe proper procedures could not be disregarded, the judge said. For those reasons, Mr Justice Keane said he would quash the MHB's decision.