TWO OF the workers who blew the whistle on the alleged abuse of elderly residents at a south Dublin nursing home were fired by the home last week.
The dismissals were confirmed by Siptu and the Migrant Rights Centre of Ireland yesterday as the last resident was moved out of Rostrevor House Nursing Home in Rathgar and the home was closed.
Some 10 staff at the care home, all migrant workers, staged a sit-in in the evening saying they were not leaving until the owners provided written assurances they would receive holiday pay and redundancy entitlements.
Siptu’s David Field also expressed concern for two other staff, whistleblowing colleagues, who were dismissed last week – a move which would prevent them receiving redundancy.
“They were just told to leave last week without any notice or any investigation . . . they were not afforded natural justice or fair procedures,” he said.
One of the workers involved in the sit-in said she was upset at the way the Health Information and Quality Authority went about closing the care home. “They said nothing is going to happen and we would not lose our jobs, but everybody ends up losing their jobs.”
The worker was devastated about this. “My main anger is they will think we are all the same . . . we were good workers and gave good care.”
Mr Field said staff on average had four years’ service though one had 10 years. On average, he estimated they would be entitled to about €5,000 each.
Legislation to protect whistleblowers in the health sector was introduced in 2009 but it is unclear what exactly it can offer the two dismissed workers.
The authority said it could not comment until the court process concerning the home was over but it is understood it has no obligation to staff once it closes a home.
The authority obtained an interim order effectively shutting down the home after expressing serious concern for the safety of residents. The order was obtained without notice to its owners after telling the court it had been informed of allegations that five residents were beaten, kicked and abused by a male care assistant since mid-2008. Rostrevor’s owners said the allegations were unfounded. The interim court order is due to be confirmed by the District Court today.
Sarah Lipsett, a director of the home, said she would not contest it: “We are at a loss but it’s not worthwhile contesting it . . . it’s just not commercially viable.”
She maintained all the workers had already got other jobs and would get what they were legally entitled to as they left the home. Redundancy would be paid to all, including the two dismissed workers. All staff too, except the dismissed workers, had been given references, she said.
Ms Lipsett claimed the two whistleblowers were dismissed because they were being investigated for fraud, having allegedly claimed for hours not worked.
This month she claimed their reporting of a male care assistant to the authority for allegedly abusing residents was an act of revenge because he had reported them to the home for claiming pay for hours not worked.