CEO of care group in RTÉ Investigates says his resignation was mistakenly filed in companies office
High Court Reporter
The CEO of a nursing home group, which had two facilities featured in a recent RTÉ Investigates programme, wants the High Court to rectify a company's office record, which incorrectly states he resigned as a director.
Neal McGroarty, CEO of Emeis Ireland Ltd, says human error caused his name to be entered by mistake on one of a large volume of documents filed with the Companies Registration Office (CRO) to notify the resignation of director Alan Donnelly with effect from May 9th.
The name should have been that of Mr Donnelly, who also resigned as director of 30 companies in the group, which has a total of 33 companies.
Mr McGroarty says adverse publicity already in the public domain about the company's business affairs had been compounded by the erroneous CRO filing.
As only the High Court can approve the rectification of such an error, Emeis applied to the court for a hearing to have it rectified.
That hearing was due to take place at the end of this month.
On Wednesday, Emeis asked Mr Justice Brian Cregan to give an earlier hearing of its application over the incorrect filing as it has impacted on the reputation of the company and Mr McGroarty. It may also cause stress for the residents and their families as it creates an incorrect impression of uncertainty, it was claimed.
The judge agreed to schedule the hearing of the application next week.
The RTÉ programme, broadcast on June 4th, showed multiple examples of care failings and neglect of vulnerable older residents at two nursing homes run by Emeis Ireland.
In an affidavit, Mr McGroarty said significant media attention had now focused on the company and he had been questioned by the media as to why he had supposedly stepped down as a director when in fact he had not.
The publicity had impacted on the sensitive nature of its services as well as creating uncertainty among residents and relatives, he said.
Emeis seeks an order requiring the CRO to remove the relevant B10 form that was filed, rectify it and reinstate Mr McGroarty as director.
