Investigation into complaint of bullying against teacher was in breach of the constitutional right to fair procedures

Judicial review – substantive hearing – employment law – teacher learned that a complaint of bullying made against him -  principal had been aware of the 2008 allegations for some years - he first learned of their existence in 2015 - investigation into the complaint was launched - private limited company conducted the investigation - four allegations of bullying upheld – training board wrote to the teacher informing him that they intended to adopt the findings – invoke stage 4 disciplinary procedure – first indication of disciplinary process against her - brought judicial review proceedings – disciplinary procedures - alleged breach of fair procedures - bullying prevention policy - case law relating to fair procedures – bias - irrationality – proportionality - argued that there was no rational basis or reason had been advanced for the decision not to avail of Stage 1, Stage 2 or Stage 3 of the procedures – argued that the training board has not acted in accordance with the procedural safeguards - right to cross-examine - absence of a report from the principal - Circular 0071 of 2014 was sent to Chief Executives of ETBs and provided for the revised procedures on the suspension and dismissal of teachers and principals – procedures – right to have legal representatives from attending on behalf of their client - In re Haughey [1971] I.R. 217 - clear to this Court that the proceedings adopted by the company is in breach of Article 40(3)(1) and (2) of the Constitution by the refusal to allow legal representatives to appear on behalf of the teacher - complainant ought be entitled to then cross-examine the applicant - fair procedures manifestly indicate that the applicant has the right to confront and cross-examine the individual who has made allegations against him – granted judicial review.