Teacher brings case over failure to get post as school principal

A Dublin school teacher has brought High Court proceedings arising from the failure to appoint her as a principal.

A Dublin school teacher has brought High Court proceedings arising from the failure to appoint her as a principal.

Phyllis Brown, who has been a deputy principal at Rathfarnham Parish National School, Dublin, for nearly 30 years, claims that the person who got the job in 2004 submitted a late application on the morning after the closing date. She is challenging that appointment.

In judicial review proceedings, Ms Brown, Sandyford Road, Dundrum, Dublin, is seeking an order quashing the decision of the board of management to appoint Joyce Perdue as principal.

The proceedings have also been brought against the school patron, the Church of Ireland Archbishop of Dublin, Dr John Neill, and the Department of Education.

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Ms Brown, who has been a teacher for 33 years, has claimed that the board of management acted unreasonably and oppressively in deeming the other person a valid candidate for appointment to the post. She claims Dr Neill and the Department of Education have endorsed the actions of the board in purporting to sanction the appointment.

The board of management denies that it acted unlawfully in appointing Ms Perdue and contends the school rules do not preclude the acceptance of late applications. In an affidavit, Ms Brown said she had been a teacher at the school for her entire career and was heavily involved in its management for almost 30 years. She had been deputy principal since 1977. She applied for the position of principal when it became vacant and her application was in by the closing date of November 1st, 2004. Ms Brown said she considered herself as having a very good prospect of being successful at interview.

A board of management meeting was later told there were four applicants and three were to be interviewed. Ms Brown attended for interview on November 30th, 2004, at around 3pm. Three hours later she was told she had been unsuccessful and the position had been awarded to Ms Perdue.

This news came as a great surprise to her and other members of staff in the school, she said. She knew Ms Perdue had not applied for the job within the time period and a written report on the nominated applicant had not been submitted to the board of management by the selection board.

Ms Brown said she had called in the Irish National Teachers Organisation. It had informed Dr Neill by letter of the alleged breaches of procedure, including the acceptance of late applications for the job and requested that any decision to sanction the appointment of Ms Perdue should be stayed pending a full investigation.

The hearing before Mr Justice John Quirke continues today.