The operator of a Co Monaghan care home which was hit by a deadly Covid-19 outbreak in the first weeks of the pandemic has been ordered to pay its former nursing director over €63,000 for unfair dismissal. The Workplace Relations Commission found there was "no evidence" produced by the company to back up inferences of misconduct or poor performance made against Caroline McAree, who was nursing director at Drumbear Lodge.
Through her solicitor, Ms McAree accused the operator of the centre of failing to provide administrative support and of refusing to buy scrubs for staff in its isolation unit whom, she added, were wearing garments fashioned from bed sheets as they treated elderly people infected with the virus. The company's position was that its chief executive Phil Darcy had "concerns" about the way the home was being managed in 2020.
He had written to the complainant early in April that year to ensure she had "complied with all of the relevant directions" after concerns were expressed by HIQA about the home's preparedness and contingency planning. He added that Ms McAree then "failed to submit" required documents to HIQA on the 21st of April 2020.
The tribunal heard that three days later, the management was spoken to by a HIQA representative who said the regulator had been notified of "significant health and safety concerns" at Drumbear Lodge. Mr Darcy said he decided to dismiss Ms McAree in a "no-fault" termination as he "had to put the safety of his patients first".
Meanwhile, in her direct evidence, Ms McAree said that after losing her job, she took up a clinical nurse manager post at a HSE hospital in the northwest and was at a loss of €30,000 to €35,000 a year as a result. She said she had "lost confidence" in securing a senior role in the private sector because of what had happened.
In her decision, adjudicating officer Emer O'Shea wrote that the company had "failed to produce or particularise evidence to support inferences of misconduct or poor performance on the part of the claimant". She added that Mr Darcy's evidence about the decision to terminate Ms McAree and replace her with a director had been "confusing and inconsistent". She ruled the dismissal had been both substantively and procedurally unfair, and ordered the employer to pay Ms McAree €63,740.38 in compensation.
