Teacher referred by board of management for psychiatric examination

Denham CJ (nem diss): Judicial review - appeal from refusal of judicial review in High Court (Irvine J) - decision by school board of management to refer teacher to psychiatrist after she had been certified as fit to work by GP - whether decision to refer was ultra vires the board of management of school - 42 grounds of appeal - delay of five years in appeal coming on for hearing - department circular concerning sick leave - procedure for resumption of duty following sick leave - whether board of management had complied with circular - issue of mootness - teacher did not attend for examination - alleged attempts to pre-empt outcome of psychiatric assessment.

McKechnie J (concurring): Delays in proceedings - seven years from grant of leave to hearing of appeal - text of department circular concerning resumption of duty following sick leave - whether board failed to comply with circular - "If the Board of Management has any concerns regarding the teachers' proposed resumption of duty, it may refer the teacher for an independent medical assessment prior to the proposed date for resumption of teaching." - 360 sick days over four year period - whether board entitled to request independent assessment when GP had certified teacher as fit to work - whether board acted bona fide - mootness - natural justice - unfair procedures.