The Workplace Relations Commission found a penalisation complaint against Tusla Child & Family Agency not well founded in a decision dated 8 February 2023. Ann Fogarty, an Educational Welfare Officer, said she was treated unfairly and denied promotion after making a protected disclosure.
The disclosure, made on 6 January 2020, concerned her claim that an Education Training Board school had prevented her from carrying out her statutory role. Fogarty said she was removed from engaging with the school, remained under supervision and suffered reputational damage that affected her promotion prospects. Tusla denied penalisation, saying relevant managers did not know about the disclosure and that the issues predated it.
The adjudication officer found that the school, rather than Tusla, had demanded she stop engaging with it. The officer also found that the alleged unfair treatment stemmed from relationships with the ETB and schools before the disclosure, and that relevant local and national managers did not know about it at the time. The officer concluded the alleged detriment did not result from the disclosure and found the complaint not well founded. Under the Protected Disclosures Act, penalisation means disadvantage because a worker made a protected disclosure.