HSE breached worker’s contract by re-assigning her from operational to non-operational duties

Employment law – re-assignment of Area Director of Nursing for Galway/Roscommon Mental Health Services as Area Director of Nursing of Nursing – interlocutory injunction which prevented the HSE giving effect to this re-assignment pending the trial of the action – whether the HSE breached the terms of the employment contract in re-assigning the appellant in the way which it did – whether the plaintiff’s contract of employment permitted such a re-assignment – the plaintiff’s employment terms – whether there was any legal basis for the re-assignment of the plaintiff – no basis by which the plaintiff could lawfully have been re-assigned from her position – implied term of the kind now claimed by the HSE would be inconsistent with the express wording of the contract of employment – assignment of the plaintiff to these non-operational duties amounted to a plain breach of her contract of employment – Section 22 of the Health Act 2004 – trial judge fell into error in concluding that the HSE had not breached the plaintiff’s contract of employment by re-assigning her from the operational and clinical duties specified in that contract (and which are also specified in the accompanying job description for that post) to non-operational duties – appeal allowed.