Principal secures injunction against disciplinary hearing

In proceedings against school's board of management,  woman claims the disciplinary process has been initiated against her over several incidents between 2019 and 2021

The injunction was granted on an ex parte basis by Mr Justice Senan Allen.

The principal of a special needs school has secured a temporary High Court injunction preventing her employer from proceeding with a disciplinary hearing against her.

The injunction was secured on behalf of Ailbhe Dunne, who has been the principal of the 110-pupil Little Angels Special School at Knocknamona, Letterkenny, Co Donegal, since 2018.

In proceedings against the school's board of management, she claims the disciplinary process has been initiated against her over several incidents between 2019 and 2021. A hearing was set to go ahead tomorrow.

The proposed hearing relates to matters raised by board chairman Emmett Murray, arising out of alleged incidents he asserts are serious, and if proven could amount to serious misconduct and possible dismissal.

The allegations include that Ms Dunne was untruthful to the board following a water safety incident involving a pupil at the school's swimming pool and over her purported handling of the recruitment of teachers to work at the school, the court heard.

Ms Dunne, who denies any wrongdoing, rejects the categorisation of the complaints against her as being as serious as the chairperson assets, and the court heard that she has an unblemished disciplinary record.

Represented by Helen Callanan, Ms Dunne claims the disciplinary process engaged by the board is procedurally and legally flawed.

Steps and procedures set out in an agreed process between the Department of Education, school boards, and teachers that governs disciplinary issues relating to school principals have not followed in Ms Dunne's case, she claims.

Ms Callanan said that earlier steps set out in the agreed disciplinary process have been "effectively ignored" and her client is being wrongly subjected to a process that could lead to Ms Dunne's dismissal.

It is claimed Mr Murray made complaints against Ms Dunne in a report to the board that is unfair and one-sided, counsel said.

Mr Murray, it is also claimed, has commenced the disciplinary proceedings against Ms Dunne without the authorisation or the agreement of the rest of the board.

Ms Callanan said Ms Dunne's union and her solicitors have asked the board to stand down the disciplinary process, but that those requests have been ignored.

Ms Dunne fears she will not get a fair hearing from the board at the disciplinary hearing, and sought orders from the court halting the process from proceedings.

The injunction was granted on an ex parte basis by Mr Justice Senan Allen.

The order prevents the board from proceeding with a disciplinary hearing, scheduled to take place on Wednesday, November 10, against her, pending the determination of the legal action.

The judge said he was satisfied from the evidence placed before the court that the balance of justice favoured granting the temporary injunction.

The judge, who adjourned the matter for two weeks, said the injunction is to remain in place until the matter returns before the court.