Labour Court Uphold Re-Engagement of Former Principal accused of Inflating Enrolment Figures

Facts:

The Complainant was employed as a school Principal in Gaelscoil Moshiolog (the School) from September 2002 to November 2015 when he was dismissed.

In summary, in 2012 the Complainant was the subject of a HSE investigation into an incident referred to as the “single child incident.”

In November 2012, the HSE confirmed to the Board of Management of the school (“the Board”) that the incident did not require child protection intervention, however, it seems the HSE requested the Respondent to conduct its own investigation into the matter. The Complainant who had been placed on administrative leave following the incident in question was then informed his administrative leave would be extended to enable the Board to conduct such investigation. However, that investigation never took place.

Instead, the administrative leave continued without any investigation commencing and on 13^th March, 2013 the Board wrote to the Complainant’s union, the INTO, indicating its intention to investigate a range of additional disciplinary matters other than the single child incident. It appears that only one of these other matters i.e. an issue regarding enrolment figures, proceeded to disciplinary. The Board wrote to the INTO on 29^th May, 2013 stating that it was instituting disciplinary proceedings in respect of the said enrolment matter. At this time the Complainant’s administrative leave came to an end and the Board moved him to a suspension on full pay pending the outcome of the disciplinary investigation and the conclusion of any appeal process.

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