Wilson’s Hospital School could return to the High Court to have Enoch Burke sent back to prison after the dismissed teacher again defied an order to stay away from his former employer’s premises in Co Westmeath on Monday.
Burke was released from prison before Christmas having spent a total of more than 500 days behind bars since August 2022 for contempt of court as a result of defying the orders.
In the High Court on December 20th, Mr Justice David Nolan said that while the power of the court to impose coercive measures to ensure compliance with its orders was essential for the benefit of all and for the rule of law to be effective, he had concluded that this was one of those very rare cases where coercive imprisonment should stop, at least for the moment.
He made it clear, however, that the school could return to court to seek Burke’s return to prison “or any other appropriate measure” in the event he did not comply with the order.
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The case is already listed for mention again in the High Court this month after the judge sought details of how it is intended the almost €200,000 in fines Burke already owed before defying the order again on Monday will be recovered. The total had been increasing at a rate of €700 for each day he attended the school property but the judge doubled this amount to €1,400 as he released him in December.
Burke is still on full pay pending an appeal hearing in relation to his dismissal from his teaching post at the school. That process has been held up by separate legal actions.
The school was approached for comment on Monday as to whether it planned to seek his reimprisonment but did not immediately respond.
Employment solicitor Anne O’Connell said the court had set out good reasons for releasing Burke from prison but might have no option but to send him back to jail.
“I’m not sure there is any other choice, although the situation has probably not been helped by the fact it has taken so long to try to put in place an attachment of wages (an order to make deductions). It is not clear why that has taken so long,” she said.
O’Connell said the continued defiance of the court’s order could also damage his appeal regarding his dismissal.
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“It might be asked how someone who is not complying with the laws of the State on a daily basis would then be allowed to teach children,” she said.
Dr Brenda Daly, an associate professor of law at DCU where she lectures on employment law and dispute resolution, said the case continues to demonstrate the difficulties in dealing with a dispute in which one party does not wish to engage.
“In most cases, the employee wouldn’t have access to the sort of financial resources that he seems to have access to or the strength and courage of his convictions – which some people will agree with, others won’t – but it is clearly a factor in this case.
“For a lot of people, the stress and the costs involved in an employment case mean they want to get it resolved. This is a unique example, though. What it shows is that there really has to be a willingness on the part of both parties to engage,” she said.
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