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Legal Aid Board defeats WRC discrimination and penalisation claims

By Tadhg O'Sullivan

Historic decision · Decision date:

Place: no local area assigned from the source.

The Workplace Relations Commission rejected Theresa Mc Ateer’s working-time penalisation complaint and found no basis for her disability discrimination, harassment or victimisation claims against the Legal Aid Board. The decision was dated 10 January 2025, and no award was made.

Mc Ateer alleged the Board failed to notify her of director vacancies and penalised her after an earlier successful working-time complaint by refusing to correct her work record. She also alleged discrimination, harassment and victimisation over temporary rehabilitation payment recalculations. The Board said a clerical error meant staff on leave were not notified of an acting vacancy, sick-leave records were maintained by the NSSO, and it supplied attendance details when requested by the Public Appointments Service.

The WRC found it had no jurisdiction over the permanent vacancy allegation because it was out of time, and no jurisdiction over the earlier acting vacancy allegation. It found no evidence linking the Board to the NSSO recalculations and no prima facie case of disability discrimination, harassment or victimisation. It also found no connection between the earlier working-time complaint and the alleged penalisation. The Parental Leave Act and Protected Disclosures Act complaints had been withdrawn.

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