High Court grants Isaac Wunder order against a teacher who brought a campaign of complaints and litigation before the Labour Court and the courts in respect of her removal from her position as an art teacher in a school, and strikes out all remaining proceedings, on the grounds that they constituted an abuse of process and have occasioned an enormous drain of resources.
Labour Court – High Court – Isaac Wunder Order – prevent the appellant from instituting further proceedings in whatever Court or forum, including the Workplace Relations Commission without prior leave of the Court – application to strike out WRC and court proceedings – all proceedings relate to the removal of the appellant from her position as an art teacher in a community college – complaint to the effect that she had been penalised for making a sexual harassment complaint – investigation into complaints found that allegations were unfounded – appellant withdrew complaint – allegations found to be vexatious and malicious – employer commenced disciplinary action - appeal on point of law from the Labour Court determination dismissed in another court ruling – any question of penalisation arising from her complaint and the initiation of the disciplinary process has been finally determined – appellant did not issue proceedings challenging her removal within the permitted time limits – claims were rejected as being out of time by adjudication officers and the Labour Court – appellant was not entitled to injury gratuity where she was never injured in the course of her employment as a teacher – another complaint in respect of discrimination in respect of her pension was also determined to be res judicata – satisfied that the investigation was independent – ordered the Board to pay the appellant €500 in respect of victimisation for making a claim to the Equality Tribunal – numerous complaints made against the Minister and the Board with the WRC – statutory appeals against Labour Court decision – judicial review proceedings – Circuit Court Proceedings – High Court summary proceedings – WRC has statutory power to strike out proceedings that are frivolous or vexatious – no statutory power to make Isaac Wunder orders – Constitution – High Court has a broad jurisdiction to ensure that proceedings of lower courts and tribunal are conducted in accordance with law – campaign of litigation have occasioned a drain of resources on the Department and the Board – Isaac Wunder order granted - all remaining proceedings including those before the WRC struck out.