Court in Ireland rules new panel needed for Enoch Burke case
Striking out proceedings related to the dispute between teacher Enoch Burke and the Wilson’s Hospital School, a judge has ordered the appointment of a new panel to review the case
The decision came during High Court proceedings, during which Burke and members of his family were removed by gardaí after they disrupted the hearing
Burke had asked the court for a temporary order to stop a Disciplinary Appeals Panel (DAP) from reviewing the decision to fire him from the school
DUBLIN, Ireland: Striking out proceedings related to the dispute between teacher Enoch Burke and the Wilson's Hospital School, a judge has ordered the appointment of a new panel to review the case.
The decision came during High Court proceedings, during which Burke and members of his family were removed by gardaí after they disrupted the hearing.
Burke had asked the court for a temporary order to stop a Disciplinary Appeals Panel (DAP) from reviewing the decision to fire him from the school.
Before the panel made a decision, two of its three members resigned. Burke also objected to the third member, Geraldine O'Brien, who represented the Association of Secondary Teachers Ireland (ASTI), being part of the panel.
Burke wanted the court to stop the DAP members from making any decision about his appeal or taking any further action. He argued that O'Brien's refusal to resign was unfair and unreasonable. He also said the way the DAP handled his appeal was unfair.
Lawyers for the DAP said Burke had received a letter stating that O'Brien and the other two members would not and could not serve on any new panel.
Burke argued that O'Brien had not officially resigned and claimed that the DAP still existed.
On February 20, Justice Brian Cregan said the case against the DAP no longer mattered because it was clear a new panel would have to be formed. He also said it was clear that none of the previous members would be on the new panel.
The judge said Burke had already gotten what he wanted — not because of a court order, but because of the situation as it now stands.
Justice Cregan said none of the named defendants could make any recommendation on the appeal or take further steps.
He dismissed the case and ordered Burke to pay the legal costs for that day. He also said he would not award Burke any legal expenses.
