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Teacher granted interlocutory injunction restraining disciplinary process

By: Hannah Godfrey BL

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High Court grants interlocutory injunction restraining disciplinary process against a teacher, holding that: (a) the plaintiff had raised fair questions to be tried both as to her objective bias argument and, although less clearly, as to her complaints regarding the preparation of the report on which the Board of Management intended to base the disciplinary process; and (b) the balance of justice favoured the determination of the litigation while the status quo was maintained and before the disciplinary process is allowed to proceed.

Application for interlocutory injunction restraining disciplinary process until plaintiff's legal proceedings challenging that process have been determined - disciplinary process concerns whether plaintiff delivered blended learning correctly during Covid-19 lockdown in early 2021 - DES Circular 49/2018 contains agreed procedures for the suspension and dismissal of teachers and principals - disciplinary process against plaintiff launched at Stage 4 - plaintiff's contention that process has not been properly carried out in accordance with DES 49/2018, that Board of Management is tainted by objective bias and that fair procedures are not being applied - whether a permanent injunction could issue in the case restraining disciplinary proceedings on foot of the comprehensive report sent to the Board of Management - whether plaintiff had established fair question to be tried - whether the balance of convenience favoured granting the interlocutory injunction.

Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.

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