The Supreme Court has recently found that the High Court, Labour Court and the Workplace Relations Commission (“WRC”) erred in law in ordering the re-engagement of a principal of a primary school. In An Bord Banistíochta, Gaelscoil Moshíológ v The Labour Court and Aodhagán Ó Súird and the Department of Education [2024] IESC 38, the Supreme Court (judgment delivered by O’Donnell C.J.) emphasised the exceptional nature of the remedies of reinstatement and re-engagement and the need to ensure that they are appropriate in the particular circumstances of a case.

Facts: This is a long-running dispute which has lasted over 13 years. In January 2012, the Principal of Gaelscoil Moshíológ (the “School”)was placed on administrative leave following an incident in a classroom. He was subsequently suspended on full pay in May 2013 following the discovery of issues relating to enrolment figures and pending the outcome of a disciplinary process. After a protracted disciplinary process, the Principal was dismissed from his role with effect from 30^th November 2015. He appealed his dismissal, but his appeal was unsuccessful.

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