Dispute between partners in Dublin after school before the High Court



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The Superior Court has ordered a partner in an after-school daycare service to provide access to company-related codes and documents to the other partner who claims they have been “excluded.”

Judge Leonie Reynolds said Linda McCauley, a co-partner of the “Laugh and Learn” after school service established last year at the Grange Woodbine Community Center in Raheny, Dublin, had no right to exclude Veronica Fernandez from access to Facebook and books. and document used in the business operation.

She made the comment when she transferred Ms. Fernandez’s request for orders preventing Ms. McCauley from attempting to exclude her from the co-control of the association that provides after-school services in Raheny, and at a second location, to the Circuit Court. at the Santa Monica National School, Edenmore.

The judge said that, given the costs involved, the case should be heard in Circuit Court.

The judge was told that Ms. McCauley’s new attorneys needed time to respond to Ms. Fernardez’s claims and asked for two weeks for that. The judge said that given the urgency of the matter, she will transfer it to the Circuit Court list next week.

In an affidavit, Ms Fernández, who came from Spain to live here in 2015 and worked in childcare, says she approached Ms McCauley to set up an association for her own after-school service in May. of 2019.

They started in September of last year with 23 children in Raheny and both partners were registered with the Child and Family Agency, Tusla, as required for child care operations.

Fernández says the partnership functioned successfully until the pandemic intervened. Last July, he says that Ms. McCauley began “agitating for greater participation in the association” and claimed that Fernandez was not doing 50 percent of the work.

In August, McCauley accused her of deleting Facebook messages, which she denies. Then McCauley, without warning, changed the passwords for the association’s Facebook, the “Indeed” recruiting page and the email account to communicate with parents, he says.

Funds were withdrawn from the partnership account that Ms. McCauley described as loans for commercial items that she purchased but of which Fernandez was unaware.

The principal of the Santa Monica school had approached them last year to establish a similar service at that school and Ms. McCauley did so in September without consulting under the same name of “Laugh and learn” and represented it as if had the same joint record as Tusla, Mrs. Dice Fernández.

By August 19, Ms. McCauley intended to unilaterally dissolve the partnership and then sent an email to the parents saying the partnership would end due to “personal and work problems,” it is claimed.

Efforts between Ms. Fernandez’s attorney and Ms. McCauley’s first attorney to mediate the matter were unsuccessful.

Ms. Fernández is concerned, as the service is still provided in two places, to the exclusion of her, but under their joint Tusla record, this makes Ms. Fernández an accessory to a violation of the requirements of the Law of Childcare.

As the partnership has not been formally dissolved, she is also responsible for income and other matters, but has no say in them.

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