Limerick school challenges award to principal

A Limerick primary school board has lodged a High Court appeal against a circuit court ruling that a former principal was contructively dismissed.

Judge Tom O’Donnell, at Limerick Circuit Court last November, affirmed an Employment Appeals Tribunal decision in favour of Betty O’Farrell, former principal at St Brigid’s, Singland, and increased the compensation awarded to her from €50,000 to €106,846.

Mrs O’Farrell was represented by Frances Twomeny & Co Solicitors.

The board of management at St Brigid’s has lodged an appeal which is listed to be heard at the High Court in Limerick in February .

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

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

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

The circuit court heard that a teacher, 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.

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

In 2008, 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 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.

However, there was no decision forthcoming until 2011 when an administrator was in charge of the diocese.

The board was informed by the diocese the request to approve the dismissal of Mr X was refused.

Mrs O’Farrell felt her position was untenable and took early retirement and later 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 retirement age of 65, her barrister, Tom Mallon, said she lost over €400,000 owing to her premature retirement.