Psychologist's motive queried in bullying case

A clinical psychologist who has taken a constructive dismissal case against one of the foremost disability service providers in the State did so because he wanted to "develop his profile" and be "associated with righteousness", the Employment Appeals Tribunal has heard.

However, Dr Mark Harrold said he was bullied into leaving his post at St Michael's House in 2004, after he raised concerns with the Department of Health about the use of nursing homes by the disability service and in particular about Leas Cross in Swords, Co Dublin.

Tom Mallon SC, counsel for St Michael's House, was making his final submission in the case being taken against his client by Dr Harrold.

Dr Harrold alleges a campaign of bullying was orchestrated against him, particularly after he raised concerns about the transfer of a resident, Peter McKenna, to Leas Cross.

Mr McKenna (60) who had Down's Syndrome and Alzheimer's disease, died in October 2001, 10 days after he left St Michael's House.

Dr Harrold resigned in 2004, saying he was forced to do so because he felt "bullied, harassed and intimidated" for raising several concerns.

His counsel, Mark Howard SC, said yesterday the attitude of the chief executive of St Michael's House, Paul Ledwidge, had been "hostile" to Dr Harrold's concerns. "The claimant [ Dr Harrold] was threatened to accept a particular course of action in terms of an internal resolution of the issues raised by him or be subjected to the disciplinary process."

When Dr Harrold wrote to the Department of Health and Children in June 2003 about his concerns, he was "threatened with disciplinary proceedings".

Mr Mallon, however, said the evidence showed that Dr Harrold had been the bully and his client the victim. He said that when the Department of Health appointed an independent investigator, Martin Hynes, to examine Dr Harrold's concerns about the use of nursing homes and about Leas Cross, "Dr Harrold refused to engage with him".

The Hynes report subsequently vindicated Dr Harrold's concerns about Leas Cross.

He said there were a number of incidents of "inappropriate behaviour and unprofessional conduct" by Dr Harrold between March and May 2003.

He said Dr Harrold left St Michael's House simply because he got a job elsewhere. "I would ask the tribunal to consider, as part of looking at what is behind Dr Harrold's case, what he wants to get out of this. He wants to be associated with righteousness. He's at developing his own profile and he doesn't care if he damages St Michael's House."

The tribunal will deliver its findings in mid-January.

During the hearing reference was made by Mr Mallon to Mr McKenna, who died in Leas Cross. He said he had been "a dying man" when he was transferred there from St Michael's House. Mr McKenna's stepsiblings, Dan Moore and Mary Moore, who were present in the room, walked out.