WRC Finds that Victimisation Can Occur in Response to Proceedings Issued Against a Different But Related Entity

In Aoife Cleary v St. Patrick’s National School Lurgybrack (ADJ-00053384) the Complainant lodged several complaints with the Workplace Relations Commission (“WRC”), including a complaint of victimisation under the Employment Equality Acts. She claimed that she was victimised by the Respondent school as a result of Employment Equality Act proceedings that she had brought against a nearby school. The Respondent raised a preliminary argument in this matter that victimisation cannot arise where the proceedings in question were against another employer. The WRC’s decision on this preliminary argument is interesting and noteworthy.

Facts: The Complainant is a teacher. She brought WRC proceedings against Kilmacrennan National School in Donegal, the first hearing date of which coincided closely with an interview process in the Respondent school which was located only 15 kilometres from Kilmacrennan National School. The two schools also share a parish priest. The Complainant was unsuccessful in her application for a position in the Respondent school, but the Principal could not explain why she had not been successful. The Complainant also wrote to the Respondent school requesting marking sheets from the interview process and also questions regarding what she regarded as irregularities and improper procedures during the interview process. She also asked for confirmation as to whether or not there had been communications between the two schools regarding her WRC complaint against Kilmacrennan National School. The Complainant did not receive answers to her questions.

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