Teacher 'sacked by email' while she fought cancer sues

Melinda Bodnar says that she tried to keep her sick leave to a minimum
Tim Stewart12 April 2012

A young teacher who claims she was sacked by email while suffering from cancer is suing her former nursery school for disability discrimination.

Melinda Bodnar, 27, was diagnosed with bowel cancer in November last year and given only a 30 per cent chance of survival.

Surgeons removed an aggressive tumour but Miss Bodnar had to undergo chemotherapy for seven months.

The experienced nursery school teacher and childminder says that she tried to keep her sick leave to a minimum.

She claims colleagues and parents of children at Oaktree Nursey School in Balham, south-west London were highly supportive.

But while off sick in March this year she allegedly received an email from the private school's owner, Annabel Dixon, dismissing her.

The email read: "I so hope you are finding the chemo easier now and not feeling too awful? Have you managed to have some counselling or found people with similar problems? I am sure it would help enormously.

"You will see that you haven't been paid for this month — you have been on full pay up until now but I am afraid I can't manage that any longer as I am sure you will understand."

Miss Bodnar, of Clapham, south west London, has not worked since and is seeking £25,000 in compensation from the school for loss of earnings and hurt feelings.

In legal papers submitted to South London Employment Tribunal, Miss Bodnar tells how she joined the school, based at Balham Baptist Church Hall, in January 2008.

At Mrs Dixon's request, she later also worked afternoons at nearby 345 Nursery at Fitzhugh Community Clubroom which is connected to the school.

Miss Bodnar, who is Hungarian and has a university degree in teaching, was earning just under £10,000 a year teaching three-year-olds.

Recalling the email, Miss Bodnar says: "With that she terminated my pay and jobs at Oaktree and 345. There was no meeting or sympathy. It was devastating."

She adds: "I finished my chemo in July and was too unwell to issue proceedings before now."

Speaking today of her diagnosis, Miss Bodnar said: "If I had left it a couple more months, I would have died. I only missed a few weeks of school between January and March. When I got the email, I was still very sick."

The school denies disability discrimination and claims Miss Bodnar had resigned before her diagnosis.

Its solicitor Martin Kay said: "In September 2008, Miss Bodnar handed in her oral notice to leave at the end of term in December."

Mr Kay said that after meeting a new boyfriend, Miss Bodnar asked to withdraw her resignation but by then the vacancy had been filled.

He said: "When Miss Bodnar was diagnosed with cancer everyone was very concerned and helpful. Mrs Dixon took her to the hospital several times and offered for her to stay at her own house."

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