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Special needs assistant loses damages claim after accusing principal of bullying

The woman had claimed she suffered anxiety and distress as a result of her treatment by the principal.

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

Civil Court Judge John Aylmer yesterday said that 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.

Kelly (38), of Kilmahuddrick Road, Bawnogue, Clondalkin, Dublin, had told the court that in 2011 she was working as a bus escort for children and also as a special needs assistant on a part-time basis.

She claimed Anne McGrath, principal of Scoil Molchua, Clondalkin, Dublin, had bullied and harassed her for several months during the 2011/2012 school year. This had happened, she said, after she had told McGrath she could no longer work as a special needs assistant for personal reasons.

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.

She had claimed that McGrath had reprimanded her several times in front of children and colleagues, would “get at her” about things. She claimed she suffered anxiety and distress.

Reprimand

Barrister Shane English, who appeared with Gore and Grimes solicitors for the CRC, said his client denied liability and also denied Ms McGrath had bullied or harassed Kelly.

English said McGrath had on one occasion no choice but to reprimand Kelly in front of her colleagues because she had not wanted to follow procedures and sit in the body of the bus instead of the front despite having been told to do so.

The court heard that Kelly had failed on several occasions to show up for work with short notice or without any notice at all to McGrath.

English said Kelly’s “laissez-faire attitude” in relation to showing up for work had, on some occasions where a bus escort substitute could not be arranged, resulted in children having to be driven to school by their parents and sometimes not being able to attend.

Counsel told the court McGrath had become aware at the end of June 2012 that Kelly, although on sick leave, had made comments on her Facebook account about going on a six-week holiday to Spain. When Ms McGrath had tried to call her the phone revealed a foreign ring tone.

Kelly claimed she had been due to leave for her holiday right after work on the last day of the school year, but had been on sick leave for a few days previously due to kidney problems. She had gone to Spain as planned.

English said Kelly had attended a meeting with McGrath in August 2012 in relation to her time-keeping, unwillingness to comply with procedures and her holiday. A decision not to renew her contract had been made afterwards, and a letter had been sent to Kelly.

Judge Aylmer dismissed Kelly’s claim and awarded costs against her.

Read: Boy awarded over €50,000 after getting head stuck in electric gates>

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    Mute Axl
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    Jan 4th 2017, 7:57 AM

    Married twice in the space off 4 years good lad . I presume the other two we’re equally as stupid as the slender brunette in the picture with him

    187
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    Mute Joe Bloggs
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    Jan 4th 2017, 10:51 AM

    It turned out one of them only married him in the hopes of getting his body after his death, presumably to make money from it. He was supposedly left heartbroken as a result of this.

    35
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    Mute Cosmo Kramer
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    Jan 4th 2017, 10:53 AM

    If those murders were committed in Ireland he probably wouldn’t have spent a day in jail as he was never present at any of the murders.. Manson himself was neglected and abused as a child, he was placed in a childs detention center from his early teens and was sexually abused from around the same age.. To be fair he never got a start in life and considering he was never present at any of the murders I’d say he would have got off scot free over here..

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    Mute john
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    Jan 4th 2017, 4:36 PM

    He wasn’t present at the tate murders and the next murder. It’s untrue to say he wasnt present at other murders.

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    Mute Cosmo Kramer
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    Jan 4th 2017, 4:46 PM

    John he wasn’t present at any murders carried out by the Manson Family..

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    Mute john
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    Jan 5th 2017, 12:36 AM

    @Cosmo Kramer: most definitely was at at least one

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    Mute john
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    Jan 5th 2017, 12:41 AM

    @Cosmo Kramer: i’m pretty sure he was present during hinmans murder/torture

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    Mute Brendan Keegan
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    Jan 4th 2017, 8:36 AM

    They didn’t let him out because he might run for President. He has all the qualifications required.

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    Mute rowan hill
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    Jan 4th 2017, 7:52 AM

    Maniac

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    Mute Daniel O'Connor
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    Jan 4th 2017, 7:54 AM

    2000

    169
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    Mute EoinM
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    Jan 4th 2017, 8:02 AM

    She walked across the dance floor that night..

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    Mute Eye_c_u
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    Jan 4th 2017, 9:02 AM

    She was a sexy lady

    54
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    Mute Liam O'Reilly
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    Jan 4th 2017, 9:32 AM

    @Eye_c_u: She had to get her thrill

    46
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    Mute Les Behan
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    Jan 4th 2017, 11:05 AM

    @Liam O’Reilly: “It was the heat of the moment”

    Sorry I was thinking of a different song.

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    Mute EoinM
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    Jan 4th 2017, 2:12 PM

    Ah Jaysis Les. Wreck the buzz why don’t ya.

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    Mute Mr Snuffleupagus
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    Jan 4th 2017, 7:58 AM

    How come these nutcases attract beautiful women?

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    Mute JFN
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    Jan 4th 2017, 8:14 AM

    Hint, they’re also nutcases

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    Mute prop joe
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    Jan 4th 2017, 8:33 AM

    @Mr Snuffleupagus: He plays guitar.

    It is frightening to see the kind of women that are attracted to him. The original Mason Family had would seemed like normal well educated people. Particularly gorgeous women in the Mason Family he used to get into places, a lot of dark people out there.

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    Mute Deborah Behan
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    Jan 4th 2017, 9:20 AM

    The idiots think they can change/save/understand him. Pick whichever.

    33
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    Mute john
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    Jan 4th 2017, 9:23 AM

    @prop joe: yeah but the manson girls were very very young and he was in his 40′s and filling them with LSD and bulls*it…and i doubt he was taking any himself. A master manipulator and bad bad man. Doris Tate will be disappointed he will die of old age.

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    Mute Neal, not Neil.
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    Jan 4th 2017, 12:50 PM

    The one in the photo is not all that beautiful, to be fair.

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    Mute Steve Austin
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    Jan 4th 2017, 2:43 PM

    Do ya think if he was a bus driver she would be with him ..look at the head on hin !!

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    Mute Alois Irlmaier
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    Jan 4th 2017, 11:09 PM

    @Mr Snuffleupagus: They always did?

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    Mute ian110664
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    Jan 4th 2017, 8:02 AM

    Still looks as evil as ever

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    Mute Eidhne Conlon
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    Jan 4th 2017, 12:08 PM

    Interesting how Manson’s idea of pitting one race against another seems to be a standard political tool nowadays….

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    Mute George Vladisavljevic
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    Jan 4th 2017, 8:56 AM

    He should only be transferred to a morgue.

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    Mute funkytown
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    Jan 4th 2017, 9:37 AM

    A morgue? a hole in the ground that he should dig.

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    Mute Davy Boy
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    Jan 4th 2017, 10:25 AM

    No loss

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    Mute Trisha Tully
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    Jan 4th 2017, 10:00 AM

    Hopefully he’ll die in agony.

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    Mute Richard Day
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    Jan 4th 2017, 2:31 PM

    Or even better karma is that one of the hospital workers is related to one of his victims…..

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    Mute Shane Kenny
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    Jan 4th 2017, 12:15 PM

    The video interviews of him on utube are mesmerising. He would have you convinced he did nothing wrong and the world did him wrong.

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    Mute Shane Carroll
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    Jan 4th 2017, 1:45 PM

    @Shane Kenny: Theres a podcast called you must remember this and there are a few episodes about manson, his followers and the history of it all. Very good listening if you’re interested!

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    Mute June Rose-Sommer
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    Jan 4th 2017, 5:53 PM

    Frankly, I couldn’t give a fcuk!!

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    Mute Alois Irlmaier
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    Jan 4th 2017, 10:55 PM

    Should be burried at sea in a Dybbuk box rather than a coffin?

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    Mute siobhanmaguire
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    Jan 4th 2017, 10:32 PM

    Catherine Tate wasn’t far off the mark!!!

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    Mute Quentin Moriarty
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    Jan 4th 2017, 9:19 AM

    Push him along asap

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