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Labour Court disallows teacher’s penalisation appeal against A State Authority

By Ruairí Dolan

Historic decision · Decision date:

Place: no local area assigned from the source.

The Labour Court disallowed a teacher’s appeal against the rejection of her penalisation claim against A State Authority, affirming the Rights Commissioner’s decision. The determination was signed on 22 October 2013. She said the authority referred her for assessment, prevented her from teaching and removed her from the payroll because she had raised workplace safety concerns. The authority said it sought an independent assessment of her fitness for teaching duties. The Court found the assessment was reasonable given her extended sickness absence and medical certifications. It found she remained excluded because she did not attend assessment appointments, and that her safety complaints had not materially influenced the authority. The penalisation complaint was not well founded.

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