Ray O’Sullivan v The HSE [2023]
Decision Number: IESC 11 Legal Body: Irish Supreme Court
Published on: 08/05/2025
Issues Covered:
Article Authors The main content of this article was provided by the following authors.
Duncan Inverarity Employment Mediator (CEDR Accredited) and Investigator
Duncan Inverarity Employment Mediator (CEDR Accredited) and Investigator
Duncan inverarity 100x100

Duncan Inverarity is a former a partner and Head of A&L Goodbody's Employment Law group and practiced exclusively in the area of employment law and industrial relations in multiple jurisdictions. Duncan advised public and private sector employers on both contentious and non-contentious matters. He advised Board rooms across Ireland and abroad on strategic and complex employment and industrial relations matters. Duncan also specialised in crisis management for clients and advised on some of the most high profile corporate issues in Ireland. Duncan regularly appeared for clients in the Workplace Relations Commission, the Circuit Court, the High Court, the Court of Appeal and the Supreme Court. Duncan also acted for partnerships in mediated settlements and in proceedings in the High Court.

Duncan now works as an Employment Mediator (CEDR Accredited)  and Investigator. 

Plaintiff:
Ray O’Sullivan
Respondent:
The HSE
Background

The plaintiff was employed as a Consultant Obstetrician and Gynaecologist at St. Luke’s General Hospital with an unblemished record. As part of what the plaintiff described as a “feasibility study”, he decided, in furtherance of research, to insert a small balloon catheter into five women during a hysteroscopy procedure. None of the patients were informed that this was being done, nor was their consent sought.

The matter was reported to management and escalated in line with procedures until a letter was ultimately sent to the CEO of the HSE expressing concern that the plaintiff’s conduct may pose an immediate and serious risk to the safety, health and welfare of patients and staff. The relevant disciplinary procedure allowed the CEO

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Disclaimer The information in this article is provided as part of Legal Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article. This article is correct at 08/05/2025
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