A senior clinical psychologist claimed yesterday he was subjected to a campaign of bullying and harassment by his employers after drawing attention to the "horrific" treatment of a resident who died at Leas Cross nursing home.
Dr Mark Harrold, who resigned from his post in 2004, is taking a constructive dismissal case against his former employer St Michael's House, a disability service-provider in north Dublin.
He told an Employment Appeals Tribunal hearing yesterday he felt compelled to leave his place of employment due to a "culture of bullying" at the organisation which intensified after he raised concerns with his employers and board over a decision to transfer a 60-year-old disabled resident to Leas Cross. The claims are contested by management at St Michael's House.
Peter McKenna (60), who had Down syndrome and Alzheimer's disease, died in October 2000, two weeks after his admission to the nursing home in controversial circumstances. The nursing home has since closed.
Dr Harrold said he was concerned that Leas Cross was not an appropriate setting for a person with such special needs.
This stance, he insisted, had been vindicated by the final version of an independent report into Mr McKenna's death commissioned by the local health authority. "It's pretty conclusive in showing how culpable St Michael's House were in the death of Peter McKenna," Dr Harrold said.
He said there was "significant disquiet" at plans to move Mr McKenna to Leas Cross despite opposition from his family.
Management at St Michael's House, however, rejected Dr Harrold's claims and said it was no longer able to meet Mr McKenna's needs. The ultimate decision was taken by the president of the High Court, as Mr McKenna was a ward of court. Counsel for St Michael's House, Tom Mallon, said there were no alternatives available and that other family members had expressed satisfaction with the service at Leas Cross.
Mr Mallon also accused Dr Harrold of making unsubstantiated statements in subsequent correspondence with board members in which he claimed that "most clinicians were speaking with their feet" as a result of management style at the organisation.
"That is simply untrue," Mr Mallon said. "You put the first words that came into your head on paper, whether they were true or not, or exaggerated or not."
The tribunal heard St Michael's House offered to establish two sub-committees to examine his grievances. However, Dr Harrold objected to their composition which he said included members linked to the culture of bullying in the organisation or who had significant business interests with the group.
Dr Harrold went on to write to the then minister for health requesting an independent investigation of Mr McKenna's death.
A month later, Dr Harrold said, he received a letter from St Michael's House which outlined disciplinary proceedings being taken against him in relation to eight allegations.
The allegations related to a number of areas such as potential conflicts of interest involving his campaigning role for parents of children with intellectual disabilities.
Dr Harrold described the allegations as "entirely spurious" and a "classic example" of bullying in the workplace. One allegation related to his voluntary work for a group of parents and friends of patients at St Ita's psychiatric hospital.
Another allegation questioned Dr Harrold's refusal to work with a client who was moved to another setting without his consent.
