Judge asked to strike out sacked teacher’s damage claim

A Co Donegal secondary school's board of management and the Minister for Education and Skills have asked the High Court to strike out a damages claim brought against them by a teacher who was dismissed in 2002.

Carndonagh Community School and the Minister contend the proceedings by PJ McGarry, Sligo Road, Ballina, Co Mayo, should be struck out over alleged inordinate and inexcusable delay on his part in prosecuting them.

On Friday, Mr McGarry, representing himself, accepted there was inordinate delay in prosecuting his action, which was commenced in 2003, but maintained that delay was excusable. The balance of justice, he told Mr Justice Tony O’Connor, favoured the case going to a full hearing.

Mr McGarry, an agricultural science teacher, commenced work at the school in 1980 and in 1998 was suspended with pay.

It was alleged Mr McGarry refused to teach classes for which he had been timetabled. He disputes that and claims he was suspended because he had raised several issues of concern about matters at the school.

In July 2002, he was dismissed from the school and, as a result, brought proceedings against the board of managment and the Minister, who he says was his employer. He is claiming damages for alleged wrongful dismissal and alleged harassment.

The board, represented by Rory White BL, and the Minister, represented by Jim Benson BL, deny the claims and have brought a preliminary motion to have the claim dismissed for want of prosecution.

Mr White said there had been serious delays in bringing the case to trial and his side had been prejudiced by the fact some members of the board who made the disputed decisions had died while others were elderly and in ill-health.

Mr Benson said an official in the Department of Education who was involved in the matter had also died.

In reply, Mr McGarry said the delay was caused by factors including a break down in his relationship with solicitors who had acted for him. He had made a formal complaint about his former solicitors and the matter is before the Solicitors Disciplinary Tribunal, he said.

The matter was further delayed by the manner in which the Minister investigated his suspension between 1998 and 2003, he said.

Mr Justice O’Connor said he wanted to consider the many issues raised and was reserving judgment but hoped to deliver it as soon as possible.