The Workplace Relations Commission found Mary Finn’s penalisation complaint against the Department of Education & Skills not well founded. It also found her parental-leave complaint was brought outside the time limit and was not well founded; the merits were not decided. Adjudication Officer Patsy Doyle dated the decision 14 February 2022.
Finn said the refusal of her retrospective Critical Illness Protocol application was punishment for taking legal action against her employer. The Department denied the claims. The officer found no link between the refusal and a protected act, noting that the Chief Medical Officer had decided Finn did not meet the protocol’s medical criteria and that she did not appeal. The Department had reclassified her sick leave as occupational injury leave and put an overpayment repayment plan on hold.