High Court refuses an injunction, sought by a dismissed teacher, restraining the defendants from holding a disciplinary appeal hearing on the basis of alleged bias on the part of a member of the Disciplinary Appeal Panel which had scheduled a hearing into the school's decision to dismiss the plaintiff, on the grounds that the Plaintiff had not discharged the burden of establishing that there was a fair a reasonable apprehension of bias.
Employment law - dismissal - injunctions - application for injunction restraining Defendants from holding a disciplinary appeal hearing, sought by a dismissed teacher - alleged bias on the part of a member of the Disciplinary Appeal Panel which had scheduled a hearing into the school's decision to dismiss the Plaintiff - Plaintiff had been dismissed from his employment at a second level school - hearing was scheduled and the Plaintiff expressed his dissatisfaction with the Appeal Panel members, and he sought an injunction restraining the Defendants from holding the hearing - Defendants submitted that the Plaintiff was in ongoing contempt of court and that no relief should be granted in such circumstances and that, in any event, the balance of justice did not lie in favour of granting the relief sought - court held that the Plaintiff had not discharged the burden of establishing that there was a fair a reasonable apprehension of bias - order for costs in favour of the Defendants.