The five are all employed as nursing staff at the Áras Attracta residential unit in Swinford, Co Mayo. An investigation was launched into the home after an RTÉ Prime Time Investigates programme last year purported to show scenes of abuse at the HSE-run facility.
At the High Court yesterday lawyers for the five claimed the investigation process was “procedurally flawed” and in breach of fair procedures. The five argued the investigation began before any complaint against them was upheld under the HSE’s Trust in Care Policy. That policy sets down the procedures as to how certain allegations against staff members are managed.
Counsel said her clients have come to court because they fear matters under investigation, which they were notified of some months ago, have been “predetermined.”
The five seek injunctions preventing the HSE from terminating their employment.
They also seek an injunction preventing the investigation from proceeding unless complaints against them are upheld under the Trust in Care Policy. They also want any disciplinary procedure to be conducted in accordance with contractual entitlements, fair procedures and natural justice.
The case will come before the court again next week.