Boss of care home group in RTÉ Investigates says his ‘resignation’ was mistakenly filed with Companies Office

Another man’s name should have been on official form instead, High Court hears

Emeis Ireland CEO Neal McGroarty wants High Court to rectify record incorrectly stating he had stepped down as a director. Photograph: Getty
Emeis Ireland CEO Neal McGroarty wants High Court to rectify record incorrectly stating he had stepped down as a director. Photograph: Getty

The chief executive of a nursing home group wants the High Court to rectify an official record incorrectly stating he resigned as a director.

Two of the company’s homes featured in a recent RTÉ Investigates programme.

Neal McGroarty, CEO of Emeis Ireland Ltd, says human error had 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 9.

The name on the form 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 filing to the CRO.

As only the High Court can approve the rectification of such an error, Emeis applied for a hearing before a judge 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 affected 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 RTÉ programme, broadcast on June 4, showed multiple examples of alleged 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 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.

Emeis is seeking a court order requiring the CRO to remove the relevant B10 form that was filed, rectify it and reinstate Mr McGroarty as director.

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