High Court strikes out part time teacher’s proceedings arising from his suspension from work, on the grounds that there was inordinate and inexcusable delay, and the balance of justice lay in favour of striking out the proceedings where there is undoubted presumed and specific prejudice caused to the defendants arising from the inordinate and inexcusable delay in prosecuting the proceedings.
Application to strike out proceedings for inordinate and inexcusable delay – want of prosecution - part-time teacher alleged unlawful suspension with and without pay and subsequent termination of employment to his union activity and his allegations about accountability and the veracity of pupil rolls submitted to the Minister for Education - alleged harassment, undermining and breaches of statutory rights - refused to teach a Junior Certificate Science class assigned to him – Board of Management voted to suspend him - engaged solicitors who threatened legal proceedings - remained suspended with pay - Board of Management voted to convert the suspension to a suspension without pay - Board of Management voted to terminate his employment - significant dates – refused leave to seek judicial review - procedural chronology – first period of delay - significant pre-commencement delay – role of previous solicitors in the delay - failed to satisfy the Court that it should exercise its discretion in any way other than to fix him with the delays which he blames on his previous solicitors – second period of delay – seven years, five years and four years constitute inordinate delay - third period of delay – prejudice - balance of justice - Court concludes that there is undoubted presumed and specific prejudice caused to the defendants arising from the inordinate and inexcusable delay in prosecuting these proceedings.