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A surgeon who was wrongfully sacked has blasted the States for putting his family through years of “trauma” and wasting “hundreds of thousands” of taxpayer money in “defence of the indefensible”.
Dr Amar Alwitry made the comments yesterday, after learning that the Royal Court had ruled in his favour following a years-long battle that started when he was abruptly sacked shortly before starting a new job at the General Hospital in 2012.
While the consultant ophthalmologist welcomed yesterday’s judgment, he said that it had come “at great financial and personal loss”.
“My mental health has suffered and I am still not the man I was,” he wrote. “In the end, the most important people to me are my family and my patients and I did my best for both of them.”
Pictured: The Royal Court 100-page judgment in favour of Dr Alwitry was published yesterday.
Jersey-born Dr Alwitry had hoped to return to his native island to bring up his young family, but described his dream as being “ripped away” at “immeasurable” expense for their wellbeing and his reputation in the “small” world of ophthalmology.
He said that bringing the case to court had been so costly that the British Medical Association (BMA) had to step in.
But he also said he regretted the financial loss to the island, arguing that they had taken a “hard line” and shown a “willingness to throw endless sums of tax-payers’ money at the defence of the indefensible.”
Dr Alwitry described the SEB as having fought “every step of the way”, in spite of what he describes as “obvious errors and unlawfulness of the decision”.
Pictured: Dr Alwitry received support and funding from the British Medical Association (BMA) in his case against the States Employment Board.
Yesterday, the Royal Court ruled that Dr Alwitry was entitled to “uncapped” damages for his wrongful dismissal.
The SEB said they “noted” the judgment and would appeal the decision entitling him to unlimited compensation.
The eye surgeon said he was “extremely saddened” to learn the SEB intends to appeal the Royal Court judgment.
“Though I am not yet aware of the grounds upon which they intend to do so, it is naturally very concerning that the SEB wish to set a precedent that they can unlawfully sack a doctor for any reason or no reason at all with no greater exposure in damages than 3 months’ salary,” he wrote.
Pictured: The Royal Court said it did not find Dr Alwitry had spoken out in the public interest.
“For the SEB to so contend in the face of a judgment of the Royal Court to the contrary is alarming,” he added.
Dr Alwitry said he hoped “lessons will have been learned” from his case and that the issues it raised will “prevent Hospital management or the SEB acting in a similar way towards another medic.”
He also shared hopes that the remainder of his case will be dealt with “in a more collaborative manner” and that there will be “productive discussions… to avoid yet more legal costs”.
Concluding his statement, Dr Alwitry, who was recently awarded UK Ophthalmologist of the Year and UK Patient Safety Innovator 2019, said he is saddened he will not come back “to serve the people of the island.” “It would have been an honour to come home and work to protect and preserve the eyesight of the people of the Island,” he said.
Pictured: Dr Alwitry was recently awarded UK Ophthalmologist of the Year and UK Patient Safety Innovator 2019.
Viv Du-Feu, director of legal services at the BMA, said they were pleased that Mr Alwitry won “this important case”.
He added: “The unfairness of the situation whereby Mr Alwitry had made plans to move himself and his family hundreds of miles away, only to have his contract terminated before he even started, is clear and we are glad that the court has reflected this and found the hospital to be in the wrong.
“Doctors must be confident in the security that a signed contract offers, and therefore this is an important case for those working, not just in Jersey, but across the UK. The BMA continues to support, and negotiate on behalf of, all doctors to ensure their rights are protected.”
To read Dr Alwitry's full statement, click here.
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