Court doubles compo for ex-teacher

A decision by the Employment Appeals Tribunal, that a primary school principal who took early retirement was constructively dismissed, has been upheld at Limerick Circuit Court and the amount of compensation has more than doubled. 

Judge Tom O’Donnell, affirming the tribunal decision, said its €50,000 compensation award to Betty O’Farrell was on the low side. He increased the award to €106,846 and, in the event of an appeal, ordered that €70,000 be paid over immediately.

Mrs O’Farrell, a mother of four from Newport, Co Tipperary, who taught for over 30 years at St Brigid’s Primary School, Singland, claimed constructive dismissal after taking early retirement due to ongoing problems she had with a teaching colleague.

An appeal against the tribunal ruling was taken yesterday on behalf of the current board of management at the school but proved unsuccessful.

A previous board of management had resigned in support of Mrs O’Farrell’s decision to quit her job.

Judge O’Donnell said he could not disagree with the description of the case as unique. He said its complexity was added to by an infringement on canon law.

Mrs O’Farrell started working at St Brigid’s in 1979 and was promoted to principal in 2005.

A teacher, referred to as Mr X, who had been at the school for a considerable period of time, had begun to cause problems and his conduct became an all-consuming issue in the school and with the board of management.

His conduct began to impact on Mrs O’Farrell’s ability to do her duty as principal; she felt unsafe in the school and felt he was putting the well-being of students at risk.

Efforts by the board of management to engage with Mr X were met with a brick wall. In 2008, as part of a disciplinary procedure, Mr X was put on paid leave. He was served with a final warning regarding his conduct before he returned to work.

However, further disciplinary matters arose in March 2009 and the board of management decided he should be dismissed.

As the school was under the patronage of the Catholic Bishop of Limerick, the dismissal needed the consent of the bishop.

For reasons outside of the control of the board of management, there was no decision forthcoming until 2011 when an administrator was in charge of the diocese pending the appointment of a successor to Bishop Donal Murray, who had resigned.

The administrator, Fr Tony Mullins, informed the school the request to approve the dismissal of Mr X was refused.

Mrs O’Farrell felt her position was untenable and took early retirement and subsequently claimed constructive dismissal. She was aged 57, earning €92,224 a year, and her early pension was €37,802.

Based on her working up to the usual retirement age of 65, her barrister, Tom Mallon, said she lost in excess of €400,000 owing to her premature retirement.

Mrs O’Farrell said at the time she left, Mr X was suing her. She rejected that she had other options available to her.

Witness Fiona Shanley, who works in the diocesan office assisting boards of management, said she was with Fr Mullins when he communicated the decision not to support the dismissal of Mr X.

Mrs O’Farrell was extremely upset and tried to challenge it, saying she would not work with Mr X, Ms Shanley said, adding that they offered to appoint an external mentor to act as a facilitator as Mrs O’Farrell’s position was not untenable.

Mairead McKenna, for the school board of management, said the patron, and not the board, had made the decision to retain Mr X. The patron had caused the situation, the court heard.