A high Court judge has quashed a 1992 decision by the board of Mayfield Community School in Cork purporting to dismiss a metalwork teacher.
Mr Denis Tobin (53), of Park Court, Ballyvolane, Cork, had sought the order against Mr John Cashel, chairman of the board of management of the school; Mr John J. Murphy, school secretary; and the Minister for Education.
Mr Tobin was suspended with pay by the school in March 1990 for allegedly undermining the role of the principal through public defamatory statements and demonstrations at the main entrance to the school.
The school board said it was also suspending him for failure to follow procedures regarding pupil discipline and non-acceptance of its right and authority to monitor the standard and content of courses at the school.
In June 1992 the school decided not to lift Mr Tobin's suspension and to terminate his employment. But the Department of Education, whose sanction was not sought for this step, indicated that it would be more equitable and safer to lift the suspension and allow Mr Tobin to return to work if he gave undertakings to the board regarding his future conduct.
Yesterday, Mr Justice Kearns said the school board had chosen, without giving Mr Tobin any further hearing of any sort, to terminate his employment with the school. The board had declined the inspector's suggestion to proceed either by some other form of suspension and/or warning.
In imposing the ultimate sanction of dismissal in the way it had, the board was clearly in breach of the principles of natural and constitutional justice, and its decision had all the hallmarks of one which was both unreasonable and irrational.
The judge said he was not going to direct that the school restore Mr Tobin to his former teaching post. Having regard to the unhappy history between Mr Tobin and the school, this would be quite inappropriate.
The judge adjourned the case for at least two weeks to consider matters arising out of his order.