The principal of Colasite Iognaid has secured a High Court injunction restraining the Galway secondary school’s board of management from proceeding with its disciplinary investigation pending a full court hearing.
Mary Joyce, the principal of the co-educational school of Sea Road, Galway had claimed she was afraid for her reputation and career if an allegedly fundamentally flawed disciplinary hearing by her employer into allegations against her was allowed to proceed.
Ms Joyce claimed a report compiled by the board’s chairperson about certain issues at the school amounts to predetermination of allegations against her and breaches her contractual rights and rights to fair procedures.
The board, opposing her application for an injunction preventing the investigation from proceeding, denied any predetermination.
It also denied the report is flawed or that its contents amount to any findings of wrongdoing against Ms Joyce.
In his judgment, Mr Justice Donald Binchy said Ms Joyce was entitled to an injunction as she had established a strong case because the board did not proceed with the investigation in accordance with a 2009 circular from the Department of Education dealing with procedures for the suspension and dismissal of school principals.
He said the chairman of the board, Mr Jack Cleary, did not distribute copies of the report to Ms Joyce and the other members of the board as is required under the 2009 circular, which was to the detriment of Ms Joyce.
The report, the judge added, contained “not just a statement of the facts” but also “findings and conclusions” which were made without affording her a chance to respond therefore depriving her of fair procedures and natural justice.
The Judge also said that in this case damages would not be an adequate remedy for Ms Joyce given the reputation damages she would suffer in the event the investigation was to proceed and she was to be dismissed from her job.
Mr Justice Binchy said an investigation of this kind is very disruptive to the orderly running of the school and requires urgent resolution from the boards point of view.
The Judge said the balance of convenience lies in favour of granting an injunction limited to restraining the board of management from continuing its investigation pending the full trial of the matter.
The Judge also said an early date for the full hearing of the dispute was desirable.
The Judge in his ruling noted the school’s board commenced its investigation into what it says are major issues of concern.
The allegations related to matters including an incident in the 2014 arising out of disciplinary procedure taken against a teacher. The principal, it is alleged in the report, had deliberately misled the board in regard to the matter.
There was also concerns about the principal’s loss of parents’ and students’ personal data. There were also concerns expressed in the report that Ms Joyce allegedly did not support decisions of the board, had undermined the board and that she did not meet professional standards.
In relation to staff morale the report asked the question if Ms Joyce could regain the trust support and co-operation of the staff and the trust and confidence of the students.
Ms Joyce was appointed principal of the school, a Jesuit school with approximately 620 pupils, in early 2011.
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