Nursing home owners must pay former staff €38k
The Employment Appeals Tribunal ruled that care assistants Mary and Erica Dunne were constructively dismissed because of bullying and harassment by the owner of the nursing home, Miriam Holmes.
Holmes and her daughter, Hayley, who were the directors of the Avondale Nursing Home in Callan, Co Kilkenny, fled the jurisdiction shortly after the nursing home was closed by the Health Information and Quality Authority on July 21 last.
It is understood they are living in Australia.
The pair are also the subject of a Garda investigation among allegations that they stole money, medication and personal public service cards from residents of the home.
A separate criminal prosecution is also under consideration by HIQA for breaches of nursing home legislation under the Health Act 2007.
Several business owners in Callan have also accused the women of leaving large unpaid bills worth several thousand euro.
The EAT heard that Miriam Holmes subjected Mary Dunne to abusive language in front of other staff.
Mary Dunne, who began work in Avondale in January 2005, said she resigned from her job in October 2010 as she could take no more bullying, harassment and humiliation. She claimed Ms Holmes became more confrontational from January 2008 after she had been elected a shop steward and staff had sought an increase in their pay.
Erica Dunne said she had also been subjected to bullying treatment and picked on by both Miriam Holmes and her daughter.
Ms Dunne said “the final straw” came in October 2009 when Hayley Holmes made comments about two of her friends, who had died tragically. Ms Dunne said the remarks related to information she gave in confidence to Miriam Holmes.
The two directors were last seen on a bus to Dublin Airport on the day after the nursing home was closed.
The EAT awarded Mary Dunne a total of €22,620 and Erica Dunne €15,080.
