Sacked eye surgeon claims the States have defamed him

Tuesday 07 August 2018

An eye surgeon, who’s taking the States to court claiming he was unfairly dismissed, is now also seeking extra damages alleging he’s been defamed.

Dr Amar Alwitry – who was born in the Island but later moved to England to advance his career – had been offered a post at the General Hospital as a consultant in ophthalmology and was due to start work on December 1 2012, but just a week before taking up the job was told his contract had been terminated.

The States Employment Board says he didn’t make that clear that he had to give six months’ notice and couldn’t start working on they day they wanted him to. It also claims he wasn’t willing to work the hours asked of him because he wanted to spend more time with his family.

Dr Alwitry says that wasn’t the case. He claims he raised issues over the scheduling of operations because of fears over patient safety, and that’s the main reason why he was targeted and dismissed.

An initial inquiry into the dispute was conducted by the then Solicitor General, who concluded the States were right to dismiss Dr Alwitry. But, Dr Alwitry’s lawyers don’t agree with the findings, and say the report was conflicted because the SG was also giving the States legal advice and so he can’t be seen as being independent.

Another report, this time by the States Complaint Board, found in favour of Dr Alwitry, saying his dismissal was ‘unlawful’ and ‘unjust’. It said the States should apologise and pay him compensation. But, the SCB’s findings are disputed by the SEB, and aren’t enforceable. The case is still on going.

Pictured: Dr Alwitry is claiming further damages alleging the States have defamed him.

The case also prompted Deputy Mike Higgins to bring a vote of no confidence in the States Employment Board and the then Health Minister. Ahead of the debate Dr Alwitry wrote an open letter to all States members in which he said “I hope that States members will stand up for justice… I have been told a hundred times that this spirit of cover up is the ‘Jersey way’ but it does not have to be like that. With the focus of the world on the Island as a tax haven we have to make sure that cover-ups do not happen.”

The States Employment Board responded by arguing: "The SEB strongly refutes that there is any need for a vote of no confidence on this or any other matter in relation to its accountabilities. The States Assembly is invited to reject the proposition. 

"...in certain employment matters, a dismissal may be justified when the integrity or competence of the employee is not in issue but where the cause for concern is personality and the inability of the employee to build and maintain essential working relationships with others in the workplace. 

"The SEB is of the view that, far from there being a vote of no confidence in its handling of the Alwitry case, it has conducted in detail and over a considerable period of time, a detailed review of the HSSD decision to rescind the contract offered to Mr. Alwitry. It has assured itself that the outcome was the correct one. It has accepted that whilst there were procedural irregularities, Mr. Alwitry`s behaviours meant that there was irrevocable breakdown in the employment relationship such that HSSD had no alternative but to dismiss if they wished to maintain a positive and strong clinical leadership in the Hospital delivering high quality and safe patient care to the Island."

The vote of no confidence was rejected, with 13 members voting in favour, 30 voting against, and two abstaining.

Now, in an Order of Justice, Dr Alwitry’s lawyers claim that by making public various emails and documents that they allege undermine his professional and personal character, the SEB have defamed him. It is also claimed these statements were malicious, and that to claim they are – in legal terms ‘privileged’ – in other words can be quoted without fear of being taken to court for defamation – is wrong.