A transgender childcare worker who offered “a free kiss” as a prize during a game with an 11-year-old has lost a gender discrimination case against a Donegal crèche and after-school service.
Aleena Starshine (pictured) brought the case against Craoibhin Community Enterprise Centre, which operates a community-based childcare service in Termon.
The Workplace Relations Commission heard that one of the safeguarding concerns raised about Ms Starshine arose from a complaint that a child had reportedly been offered “a free kiss from me” as a prize during a children’s activity described as a safari game.
During an investigation, Ms Starshine accepted making the “big kiss” comment during what was described as a safari game. She explained that the children laughed and enjoyed the joke. The child involved was stated to have been eleven years old.
The second complaint related to the release of a child to an adult without conducting what it considered to be appropriate verification of the person collecting the child, which went against proper safeguarding verification procedures.
Ms Starshine commenced employment on 7 November 2024 and was suspended a few days later following two complaints made by parents of children attending the crèche.
She was placed on paid suspension while the matters were investigated.
Craoibhin Community Enterprise Centre said the suspension was a neutral and precautionary measure, and was expressly characterised as non-disciplinary in nature.
The centre appointed an independent external investigator and also notified TUSLA of the concerns.
Ms Starshine told the hearing that she had not been trained or given policies in relation to the handover of children.
She said the children themselves identified their parents, grandparents or other adults, and were then handed over to them.
She claimed other staff members did the same thing, but were not investigated or suspended.
You may also be interested in
The centre rejected that claim and said no other staff member was present during the relevant handover.
It said responsibility for the handover rested solely with Ms Starshine and argued that any employee acting in the same circumstances would have been treated in the same way.
The centre also said Ms Starshine did not accept that any safeguarding issue had arisen, instead characterising the practice as normal.
It said it was particularly concerned that, even after the investigation, Ms Starshine did not demonstrate insight into why either the “big kiss” comment or the child handover arrangements could be considered inappropriate.
The centre said insight, judgement, safeguarding awareness and risk recognition were core competencies for childcare workers.
It said the absence of those competencies represented a legitimate basis for deciding not to confirm employment during a probationary period.
Ms Starshine alleged that she was discriminated against on the gender ground.
She said questions she needed answered during the investigation were left unanswered, including delay and GDPR queries.
She also claimed the letter in the original complaint was highly suggestive of gender discrimination.
The centre strongly rejected any suggestion that Ms Starshine was subjected to discrimination, less favourable treatment, or termination of employment on the basis of gender identity or any other protected ground.
It said Ms Starshine had been recruited with full knowledge of her gender identity and maintained that this was never a factor in any employment-related decision.
WRC Adjudication Officer Niamh O’Carroll said there were no facts before her from which she could conclude that Ms Starshine’s employment was terminated on discriminatory grounds related to gender.
“The evidence before me clearly demonstrates that the Complainant did not successfully complete her probationary period due to concerns regarding her professional judgement, safeguarding awareness, and recognition of appropriate professional boundaries, and for no other reason,” O’Carroll said.
The adjudication officer said it was important to note that the complaints were not initiated by the respondent (Craoibhin Community Enterprise Centre), or by any servant or agent of the respondent. Instead, she said they were made independently by parents whose children attended the respondent’s service.
She found that Ms Starshine had failed to prove sufficient evidence for a case of discrimination. The complaint failed.