SNA loses her €38k claim over alleged harassment

A special needs assistant (SNA), who claimed a school principal had “made her life hell”, has lost a €38,000 damages claim for alleged bullying and harassment.

In the Circuit Civil Court yesterday, Judge John Aylmer said Samantha Kelly’s grievances against her former employer, the Central Remedial Clinic, could not be considered to have amounted to negligence and dismissed her claim.

Ms Kelly, aged 38, of Kilmahuddrick Rd, Bawnogue, Clondalkin, Dublin, told the court that in 2011, she was working as a bus escort for children and as an SNA on a part-time basis.

She claimed Anne McGrath, principal of Scoil Molchua, Clondalkin, had bullied and harassed her for months during the 2011/12 school year. This happened, claimed Ms Kelly, after she had told Ms McGrath she could no longer work as an SNA for personal reasons.

Ms Kelly, who sued the Central Remedial Clinic, of Vernon Avenue, Clontarf, Dublin, for personal injuries, said her contract had not been renewed the following school year.

Shane English, for the clinic, said his client denied liability and denied Ms McGrath had bullied or harassed Ms Kelly.

The court heard Ms Kelly had, on several occasions, failed to show up for work, with short or no notice given to Ms McGrath.

Mr English said Ms Kelly had attended a meeting with Ms McGrath in August 2012 in relation to her time-keeping. A decision not to renew her contract was made afterwards.

Judge Aylmer awarded costs against Ms Kelly.


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