A High Court judge has ruled that evangelical Christian Enoch Burke was lawfully suspended from his teaching position at Wilson's Hospital secondary school.
In a judgement on Friday Mr Justice Alexander Owens also ruled that the school is also entitled to a permanent injunction prohibiting him from attending at its premises, and damages of €15,000 for his continuing trespass at the school's campus.
The judge said that the damages were in addition to the daily €700 fine that have been imposed by the High Court on Mr Burke several months ago for his ongoing breach of earlier orders requiring him to stay away from the school's premises in Multyfarnham in Co Westmeath.
Mr Justice Owens' was giving his decision in the action between the school and Mr Burke over its decision to commence disciplinary proceedings against and suspend the teacher on full pay in August 2022.
The judge found that the school's decision to suspend the teacher was "rational and reasonable." after he had voiced his strong objections to a request by the school to refer to a student who at the time allegedly wished to transition by a different name and by a different pronoun.
The teacher claimed that such a direction was a breach of his rights, and his religious beliefs.
The court heard evidence of Mr Burke's behaviour at a school event in June, when he publicly voiced his objections to "transgerndarism", and at subsequent meetings held in August 2022 where his behaviour had been discussed.
The school's former principal Niamh McShane had acted in good faith in the manner in which she had compiled a report that led to the disciplinary process against Mr Burke, the judge said.
She was "fully within her rights to express her views" about Mr Burke's conduct at the school event and at staff meetings over the request regarding the student.
There were serious concerns expressed about how Mr Burke might act towards the student in question as well as the student body, and he had a case to answer to the school's board, the judge said.
Mr Burke had been given an opportunity to address the claim that he had engaged in gross misconduct, but did not avail of it, and was aware of the school's serious concerns about his future behaviour in the school, the judge said.
The judge also rejected claims that the process was procedurally flawed, and unlawful.
In relation to Mr Burke's refusal to stay away from the school following his suspension, the judge said that once the board terminated his right to attend at the school he could only return if he "pursuaded the board to take him back."
Mr Burke had defied court orders and the board by attending at the school following his suspension. Mutual trust and confidence had broken down between the parties as a result of the teacher's actions.
No court would force an employer to provide work for an employee when this essential feature of employment is absent, he said.
"Locked out" employees, the judge said, are not entitled to "sit in," and cannot return until an employer accepts resumption of the worker's services as part of an employment relationship.
Employees involved in disputes may feel they have "right on their side," and have been treated badly by employers, he said.
however this does not mean such employees have "a given right to trespass on or cause nuisance to enjoyment of an employer's premises."
No employment purpose can be fulfilled by a suspended employee turning up at a workplace and no term can be implied from a contract of employment that gives any employee a right to enter a workplace from where they have been suspended.
Mr Burke, who denied any wrongdoing, and had brought a counterclaim claiming that the disciplinary proceedings against him after he voiced his objections to a direction by the school to refer to a student at the school by a different name and pronoun, are unlawful and in breach of his rights.
He was not present in the court for most of the hearing following his exclusion from the courtroom by the judge.
This resulted in Mr Burke not being able to make his submissions, call his own witnesses, nor cross examine witnesses called by the school.
Mr Burke was told that if he gave an undertaking not to disrutp the proceedings any further, he would have been allowed in to participate in the hearing.
However, no such undertaking was offered by the teacher who represented himself in the procceedings.
The judge said that arising out of Mr Burke's exclusion form the hearing, due to his disruptive behaviour, the court was dismissing his counterclaim.
The judge also said that his provisional view was to award the costs of the proceedings in favour of the school against Mr Burke.
Any party that wished to make submissions on the issue of costs can do at a future date, the judge added.
In its action the school sought various orders against the teacher arising out of its decision to suspend him in August of last year following an allegation he had engaged in gross misbehaviour.
Following his release from prison, where he had been sent following his refusal to comply with a court order directing him to stay away from the school's campus, the school's board of management decided earlier this year that Mr Burke should be dismissed from his position, which he has appealed.
That process had been stayed pending the outcome of the High Court action.
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