2, May 2017

Assisted living home Whistleblower Gets EUR52,416 For Unfair Dismissal

A whistleblower who was sacked after making a safeguarded disclosure to the Health Information and Quality Authority (Hiqa) over practices at a retirement home has actually been granted 2 years’ wage (or EUR52,416) for her unreasonable termination.

In a ruling the Workplace Relations Commission discovered the nurse’s unjust termination in February 2016 was connected to her secured disclosure to Hiqa in October 2015.

The whistleblower made the secured disclosure after one occurrence where she discovered a resident “connected with a strolling belt into a normal chair in her space with the door closed and in an extremely distressed state” on June 2nd, 2015.

The whistleblower finished an occurrence report in the retirement home’s occurrence book, the patient file and the interactions book.

Nevertheless, right after the nurse discovered that the entry on the occurrence in the interaction book had actually been gotten rid of. She stated that she remained in shock. Find more info on www.tully-weiss.com.

Following the entry elimination, the nurse viewed a significant change in mindset of management to her and started to feel “frozen out”. She was left uninformed about policy modifications and other appropriate details that was interacted to other members of staff.

Errors declared.

The nurse reported that, while on responsibility in September 2015, a coworker informed her that a staff nurse– who was likewise the previous owner as well as mom of the present owners– informed staff that the complainant “made errors” and carers “need to take care when on responsibility with her”.

No celebrations are called in the WRC report and it tapes that, in October 2015, the nurse reported being “verbally assaulted” by the mom of the owners completely view of passers-by consisting of other staff and relative of homeowners.

Due to the nurse’s continuous issues concerning practice in the assisted living home and the absence of reaction or action taken concerning her issues, she reached Hiqa. The nurse made a secured disclosure in a composed submission to Hiqa on October 27th 2015.

Following this, Hiqa made an unannounced examination on October 30th, 2015.

The nurse was asked for by management to go to a disciplinary hearing on January 29th, 2016, and correspondence from management detailed numerous claims made versus her.

On February 4th, 2016, the nurse got correspondence from her company alerting her that her work had actually been “ended”.
The nurse stated the Hiqa report on the centre vindicated her safeguarded disclosure. At the WRC, the retirement home rejected the nurse’s termination remained in any way connected to the grievance made by her to Hiqa, or the problems raised by the nurse.

Gross misbehavior

The company mentioned that the nurse’s termination for gross misbehavior was exclusively based upon severe and harmful breaches of treatment made by her.

The company specified that the very first time it realised that the nurse had actually made a grievance to Hiqa was when she informed them she had by e-mail, on February 5th, 2016.

The WRC adjudicator, Caroline McEnery, discovered the assisted living home began and prompted the disciplinary treatment in an effort to dismiss the nurse in advance of her reaching her 12 months of service with the company as an outcome of her secured disclosure to Hiqa.

Ms McEnery specified: “Based on all the proof provided, I find this termination is an unjust termination as the guidelines of natural justice were not followed and is plainly connected to the safeguarded disclosure this staff member made to Hiqa.”.