Embryologist takes unfair dismissal case against clinic: ThePost.ie


TCH Archives > Sunday Business Post > 2004/06/13 > Embryologist takes unfair dismissal case against clinic

Embryologist takes unfair dismissal case against clinic
Sunday, June 13, 2004

By Ian Kehoe

A former embryologist at the state's largest private fertility clinic has taken a case against the company, claiming he was unfairly dismissed.

John Furlong worked with the SIMS International Clinic in Dalkey, south Dublin, for 18 months before he was sacked last September. Throughout that time, he had responsibility for selecting embryos suitable for use in IVF treatment.

Furlong's barrister, Conor Bowman, told the Employment Appeals Tribunal last Friday that his client had received a "glowing review" in February 2003 and had been promised first refusal as an embryologist in the firm's clinic in Barbados.

Bowman said SIMS hired a senior embryologist just weeks before Furlong was dismissed and suggested that the company had "shot from the hip in an effort to get shot of my client".

Dr Anthony Walsh, a consultant gynaecologist and director at the clinic, told the tribunal in evidence that Furlong was "let go because he was not up to the job".

He said Furlong "lacked confidence"and had to "be supervised in his duties" at all times. He said Furlong had "not developed as a competent embryologist" despite training by the company.

Walsh said Furlong had been dismissed when it emerged that there was a shortage of liquid nitrogen, used for freezing surplus embryos, at a critical time for the company.

"That compromised our ability to adhere to our guidelines," he said. Furthermore, the firm would have been liable if the embryos had been destroyed due to their negligence, he said.

Furlong was dismissed within days of the incident and served out his four-week termination notice. Bowman said that during that time Furlong worked unsupervised and had conducted a number of highly specialised procedures.

"It just suited you to sack him and take someone else on," Bowman told Walsh.

Walsh said he had since offered Furlong a different position with the company and full compensation for the time he spent out of work.

At this point, Bowman said Walsh had breached "without prejudice negotiations" by discussing the pre-trial negotiations. He said that he had to take direction from Furlong's solicitor, Fergus Gallagher of Dublin firm Fitzpatrick, Gallagher & McEvoy solicitors before continuing.

The case will resume in October.