Sacked teacher Linda Ross has been granted permission to bring a claim of unfair dismissal against Dundee City Council.
A preliminary hearing into the case of the former depute head of Sidlaw View and Longhaugh primaries began at an employment tribunal last November.
The city council had argued the case was time-barred and should not proceed but, following legal discussion, an employment tribunal led by judge Professor Victor Craig has determined it can go ahead.
“It was the unanimous judgment… that the employment tribunal has jurisdiction to entertain the claimant’s claim of unfair dismissal,” said the verdict, made public on Wednesday.
It also emerged Mrs Ross would no longer be arguing public interest disclosure that protects “whistleblowers” against victimisation or dismissal. Instead, she is simply claiming she was unfairly dismissed.
Her problems began in 2007 when her husband Vic raised in The Courier allegations of violence at Sidlaw View Primary in Kirkton, where his wife then worked. She was suspended by the education department and an independent panel was set up to probe the issue.
The allegations were found to be “exaggerated” and Mrs Ross’s career lay in the balance for some time before it was agreed she should return to work.
She was placed at Longhaugh as depute head but the Sidlaw View controversy had barely died down when she was suspended again in June 2008.
Relations between her and the education department broke down entirely and she was fired for gross misconduct on October 29.
A hearing in February 2009 heard allegations that she had assaulted two children and viewed statements made in the press and online by her husband before upholding the sacking.
The case should be heard in August or September.