Áras Attracta manager claims bid to rediscipline her

The programme manager of the Áras Attracta nursing home in Swinford, Co Mayo claims an attempt is being made to rediscipline her after she was cleared by an appeals body, the High Court heard.

Ann Burns was in charge of the facility when a disciplinary inquiry was held by the HSE, which in 2015 recommended her dismissal.

An appeals committee last July set aside all the findings against her.

As a result of a letter sent to her last November by the HSE, she applied to the High Court on Monday to bring an action to prevent what her counsel, Feichín McDonagh SC, said was an attempt to rediscipline her.

Ms Burns, who has been on administrative leave, should have been invited back to work after the July appeal decision, but instead she received a letter from the HSE official who originally told her she was being dismissed, counsel said.

The letter recited the original four charges against her, which had been overturned on appeal, and also gave her a final written warning, Mr McDonagh said. She was also told she could appeal the decision.

There were no procedures allowing for the redisciplining of a person, he said.

Another job offered

The HSE had also offered her another job on the same level and salary but, unless there was some agreement with Ms Burns, she was entitled to return as programme director, he said.

Leave to bring a legal challenge against the HSE over the matter was granted by Mr Justice Seamus Noonan. The application for leave was made on an ex-parte basis (only one side represented).

The judge gave the HSE liberty to apply to discharge or vary the leave order on 48 hours’ notice.

The case comes back in March.