Enoch Burke offered injunction if he complies with school stay-away order

This report is a localnews.ie summary based on public court reporting and records; sources are listed below.

The High Court said it would be prepared to grant Enoch Burke an injunction halting disciplinary proceedings if he agreed to comply with an existing order to stay away from Wilson’s Hospital School while suspended on pay. The proceedings were reported on 17 January 2023.

Mr Justice Conor Dignam accepted that Burke had a strong case that his challenge to the school’s decision to bring disciplinary proceedings would succeed at a full trial. However, the judge said Burke’s ongoing refusal to comply with the stay-away order tipped the balance of justice against granting the injunction.

The court said the injunction would remain in place until the full hearing of the dispute was determined. It indicated that relief would not be granted if Burke did not agree to comply with the order not to attempt to teach or attend at the school.

The disciplinary process concerns allegations of gross misconduct that could result in dismissal. Burke denies wrongdoing and says the process breaches fair procedures; the school denies his claims and opposed the application.

Rather than dismiss the application, the judge gave Burke an opportunity to consider the decision and listed the matter to return on Wednesday morning.