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No wrongfulness by Education Department for omission as employer to prevent victimisation

August 25, 2023

Via: JD Supra

In June 2023 the Supreme Court of Appeal held, on a number of grounds, that no wrongfulness had been established by a teacher who took early retirement allegedly because she had been victimised, suffered clinical depression and consequently retired early. The plaintiff had failed at the time of the alleged victimisation to pursue the grievance procedures allowed to employees possible under her contract of employment and regulated by statutory instruments. The Education Department is responsible for teachers numbered in their thousands and wrongfulness for an omission on the part of the Department had not been established.

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