The High Court has rejected a teacher’s judicial review challenge to her transfer from Largy College in Clones to St Mogue’s post-primary school in Bawnboy, and to her placement on administrative leave with full pay.
Mary McEneaney, a permanent whole-time Home Economics and Science teacher, challenged a transfer decision made on 17 August 2013 by Cavan and Monaghan Education and Training Board and its officer Martin O’Brien. She also challenged a decision dated 25 October 2013 concerning her administrative leave.
The dispute arose after five complaints about her teaching were made by parents and pupils in early 2013. The Board initially supplied her with Department of Education circular 59/2009, which sets out informal and formal stages for addressing professional competence concerns. The court found that this created an expectation that the procedures would apply to the extent practicable. But the process did not proceed beyond the informal stage.
The court said the informal process had been compromised after a February meeting ended when Ms McEneaney became distressed. It also noted that she later sought a transfer, which the Board agreed to arrange, before withdrawing her request. The Board then directed her to transfer to Bawnboy, relying on an employment provision allowing a teacher’s headquarters to be changed.
The court did not decide whether the transfer was the best solution on its merits. It rejected the claim that the transfer amounted to a penalty, noting there was no evidence that her pay, pension or other entitlements would be reduced. The court also held that the later stages of circular 59/2009 did not have to be strictly followed in the unusual circumstances described in the judgment.
Ms McEneaney had sought to return to Largy College, but the Board placed her on administrative leave with full pay. The court held that this was permissible and non-punitive in the circumstances, given the unresolved complaints and concerns about her return to teaching duties there. It rejected her challenge to that decision as well.
The court said any investigation of the complaints must afford Ms McEneaney fair procedures and comply with natural and constitutional justice. It did not determine the complaints themselves or direct that she return to teaching at Largy College.