A disciplinary appeals body has temporarily agreed to halt any further action in reviewing the termination of Enoch Burke’s employment at Wilson’s Hospital School.
Mr Burke, who is currently imprisoned for civil contempt connected to the dispute with the school, sought a temporary injunction against the Disciplinary Appeals Panel (DAP) in the High Court on Thursday, reports RTE.
He has been held at Mountjoy Prison since late November for breaching a court order that instructed him not to trespass at Wilson’s Hospital School in Co Westmeath, where he was previously employed as a teacher.
He has been involved in a legal conflict with the school’s board following a request made in 2022 by the then principal that a student be referred to by a new name and pronoun, reports RTE.
Since that time, Mr Burke has been found to have repeatedly entered school grounds in violation of court orders.
He has also been pursuing an appeal with the DAP regarding his dismissal from the school, reports RTE.
The DAP had been scheduled to reconvene to consider his case on Saturday.
Mr Burke applied for a temporary injunction in relation to the DAP hearing concerning his “purported dismissal”, reports RTE.
He sought to prevent the DAP from issuing recommendations on his appeal — which had been expected this week — as well as “from taking any further steps” in the appeal process.
Padraic Lyons SC, representing the DAP, said his clients were willing, “on an interim basis only”, to give an undertaking to postpone the resumed hearing and take “no further steps” to advance the appeal, reports RTE.
He asked the court to grant his clients until 16 January to submit a replying affidavit and requested that the case be listed on the chancery list for 21 January.
Mr Burke said these proposals were not acceptable to him “at all” and stated that the DAP could have produced a replying affidavit this week, reports RTE.
He said he wanted the issue addressed that day rather than being delayed by two weeks.
He said he had been imprisoned for more than 550 days in connection with the dispute and described the situation as a “scandal”, reports RTE.
Mr Burke said he had only been informed of the DAP’s position that day, after members of his family had travelled three hours to attend court.
His mother, Martina, said it was “disgraceful”, reports RTE.
Ms Justice Emily Farrell said the DAP had provided an undertaking that the hearing would not go ahead and were “asking for a little further time” to file their affidavit.
He said there was no prejudice to Mr Burke and that he had the benefit of the protection he was seeking from the court, reports RTE.
Mr Burke said it was “scandalous” and accused the DAP of pushing the matter “down the road for two weeks” due to its “negligence”.
Mr Lyons said the delay was the result of litigation initiated by Mr Burke, reports RTE.
He added that members of the DAP do not serve on the body in a full-time professional capacity and have other duties, stating that it would not be possible to provide a replying affidavit within the timeframe requested by Mr Burke.
Mr Burke said the delay was “very unfair” and “extremely prejudicial”, adding that the DAP did not require two weeks to prepare an affidavit, reports RTE.
The judge repeatedly asked Mr Burke not to “shout over” her and also instructed members of his family not to interrupt the proceedings.
Ms Justice Farrell said she would adjourn the matter to allow the respondents to file an affidavit, reports RTE.
She said this step was necessary in the interests of justice and noted that the DAP had given an undertaking not to take any further action.
She said she was not satisfied that Mr Burke would suffer any prejudice as a result of the decision, adding that his imprisonment was not directly linked to the disciplinary process, although it was “obviously for allied reasons”, reports RTE.
Mr Burke said: “Not as I see it,” reports RTE.
He added that he would not be in prison “if things were done right”.
The case is scheduled to return before the High Court on 21 January, reports RTE.
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