Judgment: 2023-08-03 · Court archive

High Court orders school to restore unfairly dismissed principal to post

In a second judgment on the school’s appeal, the court ordered re-engagement, back pay and costs, and refused a stay pending a possible Supreme Court appeal.

High Court · [2023] IEHC 497

Who, what, where, when and why

Who
  • The Labour Court (Respondent)
  • Aodhagán Ó Suird
What

In a second judgment on the school’s appeal, the court ordered re-engagement, back pay and costs, and refused a stay pending a possible Supreme Court appeal.

Where

No place detail is included in this summary.

When

Judgment:

Other dates in the report
  • 30 November 2015; 4 August 2023; 1 August 2023; 15 September 2023

    The court ordered that Mr Ó Suird be deemed re-engaged from his dismissal on 30 November 2015 and return to his duties as principal on 4 August 2023. The board must put him back on its payroll from 1 August 2023 and pay arrears from 30 November 2015 to 1 August 2023 by 15 September 2023. It must also restore his previous entitlements from the dismissal date to the date of the order.

Why

Reasons reported in the judgment

The High Court has ordered a school’s board of management to restore Aodhagán Ó Suird as principal after dismissing the board’s appeal against the Labour Court’s unfair dismissal decision. It also ordered arrears of pay and benefits, awarded costs on a legal practitioner and client basis, and refused the board’s application to delay his return while it pursued a possible Supreme Court appeal.

The High Court has ordered a school’s board of management to restore Aodhagán Ó Suird as principal after dismissing the board’s appeal against the Labour Court’s unfair dismissal decision. It also ordered arrears of pay and benefits, awarded costs on a legal practitioner and client basis, and refused the board’s application to delay his return while it pursued a possible Supreme Court appeal.

In a second judgment delivered on 3 August 2023, Mr Justice Cregan interpreted the Labour Court’s re-engagement order as requiring Mr Ó Suird’s reinstatement as principal. The Labour Court had not specified whether re-engagement meant a return to his former role or another suitable post. The judge said appointing him only as a teacher while Ms Scott remained permanent principal would be unjust, and that a joint-principal arrangement was not possible under the Education Act 1998.

The court ordered that Mr Ó Suird be deemed re-engaged from his dismissal on 30 November 2015 and return to his duties as principal on 4 August 2023. The board must put him back on its payroll from 1 August 2023 and pay arrears from 30 November 2015 to 1 August 2023 by 15 September 2023. It must also restore his previous entitlements from the dismissal date to the date of the order.

The judge set aside the Labour Court’s direction that the period before re-engagement be treated as unpaid suspension. He said the Labour Court had erred in law and ordered salary and benefits to be paid without a break from 30 November 2015. He refused to remit that issue to the Labour Court, saying further proceedings would serve no practical purpose.

The board had sought a stay only on Mr Ó Suird’s return to work, not on payroll restoration, arrears or pension entitlements. The judge found the proposed appeal was not being brought in good faith and that its grounds had little substance. He also said the balance of justice favoured allowing Mr Ó Suird to return. The stay application was refused.

The court ordered the board to pay Mr Ó Suird’s High Court costs on a legal practitioner and client basis, to be taxed if the parties could not agree. The final orders also dismissed the board’s appeal and refused its request to remit the matter to the Labour Court.

Read the original court judgment

Something looks wrong?

Highlight the relevant passage or flag this article for review. Review requests do not immediately change the report.

Email a correction request

Request a review