Court of Appeal dismisses appeal from High Court, and affirms refusal to quash decision that the applicant teacher be transferred to another school after issues were raised in respect of her mental health, on the grounds that the Board had the authority to transfer the teacher from one school to another in its jurisdiction and the process ceased to be disciplinary and instead became a human relations matter in which management and the teacher’s union worked together to find a solution of which the applicant could have no complaint.
Judicial review – appeal of High Court refusal to grant certiorari of an order that Ms. McEneaney be transferred from the school where she had been working in the employment of the Board from 1999 until 2013 to another school in County Cavan – administrative law – educational law – plaintiff teacher refused to be transferred to another school despite there being issues with her ability to discharge her duties – whether decision to put her on administrative leave was properly taken – Circular 59/2009 – whether the disciplinary process had been collapsed – Circular 59 – whether Memorandum V7 at clause 20 entitles the Board to transfer a teacher – “Revised Procedures for Suspension and Dismissal of Teachers” – whether the Board could rely on complaints about Ms. McEneaney’s competence in order to justify the decisions to transfer her and to place her on administrative leave because Circular 59/2009 has not been implemented – s. 24 of the Education Act 1998 – Education (Amendment) Act 2012 – whether the Board had authority to transfer a teacher from one school to another in its jurisdiction provided that was done in a reasonable fashion and giving notice to the teacher concerned – it was within the capacity of the CEO to exercise his jurisdiction to transfer Ms. McEneaney – High Court was correct that this was not a case for interference by the courts – appeal dismissed