Courts / Dublin / Report

Care home nurse cornered by patient 'touching himself' wins €30k in compensation

Date
2024-04-11

Stage
Trial

Primary locality
Swords

County
Dublin

Summary

In a Workplace Relations Commission hearing, adjudicator David James Murphy ruled that a complaint by nurse Vanessa Rodrigues-Linhan against Carechoice Swords 2 Ltd was well founded, ordering the employer to pay €30,000 in compensation. The adjudicator found the employer failed to establish adequate risk management for two patients. Regarding Patient A, the adjudicator noted the employer failed to prove efforts were in place to manage the risk he presented prior to incidents where he allegedly racially abused the complainant and pushed a decoration into her chest. Although action was taken after reports, the adjudicator found no prior process to manage his aggressive behavior. Regarding Patient B, a dementia patient, the adjudicator found that despite known issues with sexual behavior, there was no process to ensure information cascaded to night-shift carers. The adjudicator determined the complainant was subjected to serious racial and sexual harassment, making her legitimately fear for her safety. He criticized the employer for relying on senior staff support after the fact rather than having immediate supervisors on hand to react to risks. The adjudicator noted the director and assistant director of nursing appeared professional but failed in their immediate supervisory duties. The employer's defense was rejected, resulting in the compensation award.