A CHALLENGE to the scope of an investigation by the Equality Tribunal into claims by a teacher that he was discriminated against because he was gay has been dismissed by the High Court.
Co Louth VEC had sought to limit a tribunal investigation to specific claims of discrimination by teacher Pearse Brannigan, who was employed by the VEC in Drogheda’s St Laurence’s Community College between 1981 and 2003 and at Drogheda Institute of Further Education between 2003 and 2007.
In his complaint to the tribunal, Mr Brannigan alleged a half peeled banana in a condom was put in his mail box in the staff room in 2006 and also claimed a colleague tried to assault him in 2005 before another teacher jumped in between them.
After an equality officer hearing his complaints heard further claims that a rock had been thrown into his classroom in St Laurence’s in 1999 and he was put on an onerous roster in the same school, the VEC brought High Court proceedings seeking to exclude these matters and to limit the hearing to the two specific claims. The VEC claimed the tribunal was not entitled to “trawl” through allegations of sex discrimination against him.
An equality officer began a hearing into his complaints earlier this year but that was placed on hold pending the outcome of the High Court case. The tribunal denied it was acting either outside jurisdiction or unfairly.
Yesterday, Mr Justice Brian McGovern ruled against the VEC. He found the tribunal had not made a final decision on the time limit of the complaint and its procedures were not unfair or contrary to natural or constitutional justice. If it was permissible for a court of law to amend pleadings when justice required, there was a stronger reason for permitting amendment of the claim in this case as long as the general nature of the complaint remains the same, he said.
The judge was satisfied the VEC had ample notice of the amended claim and the equality officer was entitled to run the hearing as she saw fit provided it complied with natural and constitutional justice. The VEC was in a position to challenge the accuracy of anything said by Mr Brannigan when he gave evidence at the hearing.
Mr Brannigan had claimed, after the alleged banana in a condom incident on March 10th, 2006, no action was taken by the school authorities. On the same day, Mr Brannigan took sick leave and later secured early retirement on health grounds caused, he alleges, by negligence by the VEC.
The VEC claimed the equality officer was not entitled to hear other complaints by Mr Brannigan about matters dating back to 1997, including claims the then St Laurence’s principal referred to him as “honky tonks” and that he was verbally and physically abused by pupils.