‘Clear’ new disciplinary appeals panel needed for Enoch Burke, judge finds
By Cillian Sherlock, Press Association
A new panel will have to be appointed to review Enoch Burke’s dismissal from Wilson’s Hospital School, after a judge struck out proceedings relating to the dispute.
The decision came during High Court proceedings which saw Mr Burke and members of his family removed from the hearings by gardaí due to disruption.
He had sought a temporary injunction against a Disciplinary Appeals Panel (DAP) body that was reviewing the decision to dismiss him from the school.
Two members of the tripartite panel had resigned ahead of making a decision, while Mr Burke also objected to the third member sitting on the body, who was a representative of the Association of Secondary Teachers Ireland (ASTI).
Mr Burke had sought an injunction against the members of the DAP making any recommendation on his appeal or taking any further steps relating to the process.
He had also said the “refusal” of Geraldine O’Brien, the ASTI representative, to resign was unfair and unreasonable, and said the manner in which the DAP had conducted the appeal was also unfair.
Legal representation for the DAP said Mr Burke had been provided with a letter stating Ms O’Brien and the other two members of the body would not and could not be part of any new panel.
Mr Burke challenged the position on the basis that Ms O’Brien had not resigned and argued the DAP was still in existence.
On Friday, Mr Justice Brian Cregan said the proceedings against the DAP were “moot”, stating it is “clear” a new panel will have to be appointed.
Mr Justice Cregan said it is also “clear” a new DAP would not contain any of the members on the previous panel.
He also said Mr Burke had obtained the relief he had sought, not by order of the court but by the “facts on the ground”.
The judge said none of the named defendants could issue recommendations on the appeal, nor take any further steps.
Mr Justice Cregan struck out the proceedings and ordered Mr Burke be liable for the day’s costs.
He also said he did not intend to make any order in favour of Mr Burke’s expenses.
