A HIGH COURT JUDGE has ruled in favour of consultant urologist Jerry Emtage who the board of management of the Queen Elizabeth Hospital (QEH) tried to sack four years ago.
Justice Maureen Crane-Scott, in giving her judgement late last week, said Emtage, who is regarded as one of the island’s leading urologists, had a legitimate expectation that his then existing contract of employment with the hospital would have been formalised on the same basis as his previous long-term contract. She also ruled that the terms and conditions could not be varied unless Emtage first had the opportunity to make representations to the QEH.
The hospital board had taken a decision to fire two consultants, including Emtage, who refused to accept the dismissal letter and alternatively took legal action against the medical institution.
In July 2010, Emtage, through his lawyer Ralph Thorne QC, applied to the court for a declaration that he had an existing long-term contract with the hospital and further called on the court to prevent the QEH from declaring the post of consultant surgeon in the Department of Urology vacant.
