Supreme Court Rules High Court Erred in Re-engaging School Principal in a Manner that Meant He was Effectively Reinstated

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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