Nun’s unfair dismissal claim against school overturned

A NUN lost her claim of unfair dismissal from a primary school as the judge said she was appointed through the legal contrivance of not having to compete for her job and she had to accept the rules when the job ended.

Sr Maria O’Sullivan of Grange Way, Pinecroft, Grange, Douglas, Cork, worked at the Presentation Primary School in Bandon, Co Cork, from 1991 until she lost her job in August 2006. At Cork Circuit Court yesterday it was claimed by her barrister, Sheila O’Kelly, that she lost her job after her provincial leader, Sr Mary Hoare, withdrew her nomination from the school saying she should take a career break because of a previously stressful situation.

The claim made by Ms O’Kelly BL was that Sr O’Sullivan, who is still a Presentation Sister in full- time employment as a primary school teacher in another school, was not given fair procedure and was entitled to the protection of her contract.

“In no way would I accept a career break. I said I would rather leave the congregation than be subjected to such an injustice.

“I had signed my contract, I was teaching there 15 years, I was a very good teacher, well-known and acknowledged,” Sr O’Sullivan testified.

She said her provincial leader at a meeting in July 2006 said she should take a career break. “The reason she gave me was that she was afraid the board of management (of the school) were going to dismiss me because I did not attend a medical appointment they set up,” she said.

The teacher claimed there were some issues in the school at that time but she was not the only one who was involved.

“I was afraid I would be scapegoated. I have a very good record at all schools where I have worked. I felt it was an injustice to me as a person,” she said.

Ann Leahy, chairperson of the board of management, testified that she understood that the withdrawal of Sr O’Sullivan’s nomination to the school by her own religious order had the effect of terminating the employment. Ms Leahy said the board wrote to her to thank her for her years of service but at no stage did they regard that letter as one of dismissal.

Marcus Dowling BL, for the school, said: “My case is that once the religious order withdrew the nomination we had no choice but to terminate her employment.”

Judge Seán Ó Donnabháin said: “Maria O’Sullivan is a decent woman doing her best. It is understandable she is upset at what happened to her.

“The facts of the case are so unique as to be unlikely to apply to any but a dying minority of people. She is a member of a religious order who was translated into this job by her superiors and removed from that job by withdrawal of the nomination of her.

“It cannot be forgotten she came to the job in an entirely different manner. She was in a privileged position, she did not have to compete or apply — a gift almost of her superiors. To that extent if you go into that system on this legal contrivance you must accept the rules which apply,” the judge said.

Sr Maria was successful in her unfair dismissal case at the Employment Appeals Tribunal but that decision was overturned at Cork Circuit Court yesterday.