The manager of a school ordered by the Employment Appeals Tribunal (EAT) to reinstate its former principal has lodged an appeal to the Circuit Court challenging the decision, The Irish Times has learned.
In a significant move, Mr Martin Hanrahan, manager of St Mary's CBS in Enniscorthy, confirmed yesterday that he had been advised by his legal counsel that the findings of the tribunal were incorrect. He was appealing the decision on that basis.
In its ruling, published earlier this week, the EAT found that Ms Rita Fitzgerald had been constructively dismissed from her post as principal of the school in "astonishing" circumstances last year.
It said the school had subjected her to a type of "domestic terrorism" that should not be permitted in the workplace.
But in a letter to parents outlining his position, Mr Hanrahan, who fills the role on a voluntary basis, said he did not agree with the EAT's findings.
"As manager, I am keenly aware of the complex issues and sensitivities involved in this case. However, I strongly disagree with the decision of the Tribunal," he states.
"I am advised by my legal team that there are substantial grounds for appeal, and I have instructed them to lodge an appeal to the Circuit Court. The appeal may take a considerable time and there remains the possibility of a further appeal to the High Court." The current principal of the school, Mr John Ryan, would remain in his position until the outcome of all appeals is known, he added.
Ms Fitzgerald had been suspended by the school, following a series of investigations into alleged problems at the school. The tribunal ruled these investigations were defective.
According to the tribunal, the alleged problems originated in a decision by the principal in 1998 to reprimand two teachers who she discovered were "double-jobbing" by working in another school during free classes.
Although her action was correct, it resulted in a revolt by nearly every member of the teaching staff, the tribunal said. Subsequent investigations into Ms Fitzgerald's management had also lacked fair and proper procedures, it said.