Wilson's Hospital School board wants to be joined in Enoch Burke dismissal appeal challenge

School board says it will be impacted by the outcome of Mr Burke's latest proceedings seeking to challenge the composition of the appeals panel

Enoch Burke at Wilson's Hospital School in January. Picture: Colin Keegan/ Collins

The board of management of Wilson's Hospital School wants to be joined as a notice party in jailed teacher Enoch Burke's latest High Court action over the membership of a panel which will hear his appeal against dismissal from the school.

Mr Burke has been jailed for contempt of court for a number of periods totalling almost 600 days because he has repeatedly trespassed on school property in breach of court orders.

The teacher remains on the payroll of the Department of Education until his appeal against dismissal is final.

The school board says it will be impacted by the outcome of his latest proceedings seeking to challenge the composition of the appeals panel.

Mr Burke previously won one challenge to the composition of the panel when the Court of Appeal ruled in his favour he had made out a case of a reasonable apprehension of objective bias on the part of one of its members, ASTI general secretary Kieran Christie. Mr Burke claimed Mr Christie was an "activist for transgenderism".

A new appeals panel was appointed, but Mr Burke then brought a challenge claiming one of its members, ASTI president Geraldine O'Brien, was also objectively biased and had prejudged the matter.

Two other members of the panel then resigned in light of issues arising in Mr Burke's new legal challenge. Ms O'Brien did not resign and the legal challenge remains to be heard.

Rosemary Mallon BL, for the board, was granted permission on Wednesday by Mr Justice Brian Cregan for short service of an application to joined to the proceedings over the membership of the appeals panel. Her application was made with only the school side present.

The judge made the matter returnable to Friday when Mr Burke is due before the court again.

In an affidavit seeking to bring the notice party application, solicitor Fiona Sheil of Mason Hayes and Curran, which represents the school, said the application was in both parties' interests to have an expeditious appeal hearing. She also said the board would be impacted by the outcome of the proceedings.

She also said the board may be able to suggest the make-up of the new appeals panel which could resolve the litigation "in a manner that would satisfy Mr Burke and protect his rights".

It is understood the board wants to suggest members of the Teachers Union of Ireland could be considered as a relevant teacher union representative for the panel, particularly in circumstances where the board understands Mr Burke is not a member of any teaching union. 

The ASTI members had been chosen because it had more members on the teaching staff than the TUI.