A legal action initiated by the group clinical director of the Sims fertility clinics in Ireland over being put on ‘gardening leave’ has been “compromised”, a judge has been told.
Barrister Conor Duff, for Michael ‘Mikey’ O’Brien, told Dublin Circuit Civil Court on Thursday he was pleased to say the action had been compromised and could be struck out on consent, with all previous orders vacated.
Judge John O’Connor made orders to that effect.
No details of the compromise were outlined to the court.
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The Sims Clinic Ltd, which provide IVF treatment at several clinics in Ireland, is a subsidiary of an Australian company, Virtus Health.
Mr O’Brien, who has a nursing degree, a higher diploma in midwifery and a master’s degree in leadership and practice, joined the company in 2018 and in 2022 was appointed group clinical director. Mr Duff said his client had an “unblemished” work record and had received praise from all his superiors, including his manager, Andrew Came, the European director of Virtus Health.
Mr O’Brien went to court after being placed on ‘gardening leave’ in early February following a meeting with Mr Came.
He was reinstated to his position on February 11th on foot of an interim order made by Judge O’Connor under the Protected Disclosures Act.
The interim order was sought ex parte, one side only represented, pending his complaint before the Workplace Relations Commission.
Mr O’Brien, with an address in Naas, Co Kildare, alleged he was put on ‘gardening leave’ after making protected disclosures. He said he had disclosed conflict of interest and confidentiality concerns arising from an alleged “inappropriate” relationship between two senior work colleagues. He said he also made a disclosure related to concerns over allegedly unsafe nursing staffing levels on some occasions at some clinics.
On February 14th, just days after his reinstatement, he was suspended on foot of a notice delivered to his home at 3am that morning.
When the case was before the judge later on February 14th, barrister Mary Paula McGuinness, for The Sims Clinic Ltd, said the suspension was over “inappropriate” behaviour by Mr O’Brien in the workplace and was “completely separate” to the matter concerning whether Mr O’Brien had made protected disclosures.
Mr Duff described as “spurious” the company’s claims concerning his client’s behaviour and said those had not been put on affidavit.
Counsel said that since the interim order was granted there had been engagement with the company and it wanted two weeks to provide a replying affidavit.
He was taking instructions in relation to the suspension development, counsel said. His client may need to bring a further claim to the WRC, counsel added.
The judge agreed to adjourn the case and, on Thursday, was told it had been compromised.
