Teacher to appeal preliminary ruling in action against social media posts disciplinary process

High Court Reporters

A teacher whose social media posts a Teaching Council committee said amounted to breaches of incitement to hatred laws is appealing a preliminary ruling in his High Court action aimed at halting a disciplinary process arising from the posts.

Between 2015 and 2016, Gearoid Johnson – teacher of 26 years who previously worked at Ballyfermot College of Further Education – made 12 social media posts referring to Islam, homosexuality and transgender issues, among other subjects.

The posts, which were deleted shortly after publication, were referred to the Teaching Council by the City of Dublin Education and Training Board (CDETB).

Following a review of the posts by the council’s investigating committee, the complaint against Mr Johnson was referred to its disciplinary committee for the purposes of holding an inquiry.

In July 2022, Mr Johnson brought judicial review proceedings seeking to quash the decision to refer the complaint to the disciplinary committee. Mr Johnson denies any wrongdoing, stating in the proceedings that he fully explained his posts, and has not been charged with any criminal offence.

In a preliminary ruling issued in the judicial review proceedings, Ms Justice Marguerite Bolger stated that the Teaching Council investigating committee decided in January 2022 that ten of the 12 posts “amounted to conduct that would have constituted an offence” contrary to the Prohibitions of Incitement to Hatred Act 1989.

The committee further decided that Mr Johnson’s conduct was “of such a nature as to reasonably give rise to a bona fide concern that the teacher may harm or cause harm to a child or vulnerable adult”, Ms Justice Marguerite Bolger noted in the ruling, published in January.

Ms Justice Bolger also ruled on a number of motions brought by Mr Johnson, including applications for further discovery of documentation, orders striking out the Teaching Council’s statement of opposition, and permission to amend his statement of grounds.

Ms Justice Bolger granted liberty for Mr Johnson to amend his statement of grounds to include additional pleas he says only came to light since leave for the proceedings was granted.

However, she refused Mr Johnson’s other applications. On Tuesday, Feichín McDonagh SC, appearing with Brendan Hennessy BL for Mr Johnson, told Ms Justice Mary Rose Gearty that they intended to appeal the judge’s decision in the Court of Appeal.

The court previously heard that in 2020, CDETB dismissed him from a teaching job he formerly held at Ballyfermot College of Further Education following an investigation into alleged bullying which Mr Johnson denies.

Mr Johnson claims the decision to dismiss him was linked to complaints made about his posts.