A childcare worker was sacked from her job after mistakenly leaving a child locked out of a crèche.
Laura Johnston was dismissed after the incident at Letterkenny Community Childcare Centre in March, 2011.
Ms Johnston was reinstated after an internal appeal with the playgroup.
However when she returned to work she claims her life was made a misery by some members of staff who believed she had tried to cover the incident up.
Now she is suing the crèche, based at the Enterprise Business Park in Ballyraine, for unfair dismissal and damages.
Laura Johnston told Judge Paul Kelly at Letterkenny District Court she was looking after 12 toddlers when she was asked to bring them back inside by supervisor Grace Buchanan.
“She told me to bring them in through the double doors which wasn’t the norm. We usually brought them through the recess access doors, we always have a head count at the door before letting the children to go back inside so everyone is accounted for.
“As I called the kids in for lunch, one 18 month old boy wasn’t responding to my shouts so I had to go and fetch him. By the time I returned to the door most of the children had gone in so the opportunity to do a head count was lost, I had a quick scan of the playground and didn’t see any other children outside.
“I began helping the children take off their coats and think it was about 10 minutes after we got inside that another member of staff went outside with another child and discovered one of the children that was initially in my care outside standing at the recess access the doors.”
Ms Johnston said she realised this was a serious act of negligence on her behalf and had planned to tell supervisor Grace Buchanan when she returned from lunch.
“When she did return I didn’t get the opportunity to tell her because the student worker was always present and I believed it was inappropriate to discuss the incident in front of her.
“The next day I was given a letter saying there will be an investigation launched into the incident and that disciplinary action could follow. I then realised my job was at risk so I thought it would be appropriate to be properly represented at the hearing on the Monday.”
The Court then heard how just before the meeting a member of staff approached Laura Johnson.
“You’ve just made this situation a whole lot worse for yourself by bringing a lawyer into this,” claimed the worker according to Ms Johnston.
Laura Johnston was initially dismissed from her position because of the act of negligence but also because of allegations made by another member of staff against her.
Another worker Brenda Bell had told her superiors that after the incident Laura Johnson said to her “Please don’t tell anyone about this.”
Ms Johnston denies ever saying this and told the court she believes Ms Bell made this up to ensure she lost her job to pave the way for her daughter to get a position at the playgroup through a FAS scheme.
When cross examined Brenda Bell was asked why she and other members had made Mrs Johnston’s life a misery when she returned to work and Bell responded by saying “Because she had tried to cover it all up.”
Judge Paul Kelly said there is an extensive amount of evidence for him to digest.
“I need to weigh up all the evidence given before I make a decision on this case and it will take me a considerable amount of time to do so.”
He adjourned the case for a fortnight.