Teacher alleges discrimination on grounds of mental illness

A teacher who was the subject of a number of complaints by pupils and parents, including about her teaching competency and behaviour, has brought a High Court challenge to decisions to initially compulsorily transfer her to another school and later place her on administrative leave.

Mary McEneaney alleges that since the Cavan and Monaghan Education Training Board (CMETB) learned in 2009 she suffered from depression after she told her then school principal, she has been discriminated against on grounds of her illness.

She had not stated she suffered from depression on a form filled in by her when taking up employment at Largy College, Clones, Co Monaghan, in 1999 because she feared discrimination, she said.

That fear was justified arising from how the school authorities and board responded to her illness after she informed them in April 2009 she was receiving treatment for depression, she said. She was “deeply offended” that the then principal at the school, Jim O’Connor, told pupils in late 2009 she had “health issues” and that he phoned her consultant seeking to discuss those, she said.

Treatment

She considered her treatment by the school authorities contributed to her “extensive” illness between November 2010 and March/ April 2011. Between April 2011 and February 2013, she was working as normal, she added.

Ms McEneaney claims she has not been given a proper opportunity to deal with five complaints, details of which she was given in January 2013. One complaint, involving an allegation she used her own mobile phone to record a student, has been investigated and found not proven, the court heard.

There is no formal investigation to date into the other complaints, all of which she rejects. The CMETB says no investigation has been proceeded with so far due to its concerns about her health.

Ms McEneaney disputes claims by the CMETB its August 2013 decision to compulsorily transfer her from the 500-pupil Largy College to a smaller school in Co Cavan was primarily based on concerns about her mental health, intended as “a fresh start” for her, and in the best interests of herself and Largy College.The case continues.