A secondary school principal has brought High Court proceedings challenging his dismissal following allegations of sexual harassment made against him by a female colleague.
In August 2021, the woman teacher made a written complaint of harassment and sexual harassment arising from text messages sent by the principal, according to court documents.
In a sworn statement, the principal said he accepted the text messages were “not appropriate” but did not accept the communications amounted to harassment or sexual harassment.
The principal alleges the disciplinary process arising from the complaint was “fundamentally flawed” and claims his school’s patron organisation – a regional education and training board – “predetermined” their decision to dismiss him.
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Mr Justice Brian Cregan on Friday gave permission for Lorna Lynch SC, appearing with Mary Paula Guinness for the principal, to serve proceedings on the education and training board. The application was made with only the principal’s side represented.
Ms Lynch said the defendant’s solicitors Mason Hayes & Curran indicated they will be defending the case.
After the written complaint, the principal and complainant engaged in a mediation process facilitated by the Workplace Relations Commission (WRC). Following this, the principal understood the matter to be resolved, he says in his affidavit.
However, the complaint was later escalated to officials at the school’s patron education and training board and a formal disciplinary process was initiated, he says.
The principal claims the complaint was not escalated by the complainant, but rather by another person, thus rendering the entire disciplinary process fundamentally flawed.
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An independent investigation into the allegations against the principal found he had a “case to answer”, that his behaviour was inappropriate and that it violated the complainant’s entitlement to dignity at work, the principal says. He argues that these findings were not open to the independent investigator under the inquiry’s terms of reference.
He further argues the investigation report contains prejudicial flaws, including references to additional complaints against him that were not part of the investigation.
Following this, in October 2024, he says he received a letter from the education and training board chief executive informing him that, “in view of the fact that the allegations involve gross misconduct”, he was to be suspended from his position.
In a subsequent disciplinary hearing, the principal said he raised concerns around “serious procedural flaws” in the independent investigation. He says the investigation’s findings – which are relied upon by the education and training board in the disciplinary process – were outside its terms of reference.
In December 2024, he was informed by the chief executive that he was being dismissed, he says. He unsuccessfully appealed the dismissal. His dismissal was confirmed with immediate effect earlier this week, the principal says.
The principal is seeking various reliefs, including an injunction restraining the defendant from taking any further steps in the purported termination of his employment.
The case returns to court next week.
