A school principal who has not worked as a principal for more than 20 years but continued to be paid until last November yesterday secured leave to challenge the decision to stop payment.
Ms Lucy Carr said she had at all times been and remains willing to return to work in accordance with her contract with the City of Limerick VEC.
In proceedings taken against the Minister for Education and the City of Limerick VEC, Ms Carr, of Russell road, Mungret, Co Limerick, was given leave to seek orders, by the way of judicial review, quashing the decision of the Minister to cease paying her salary since last November.
Mr Patrick Keane SC, instructed by Mr Gerry Meehan, solicitor, said Ms Carr's salary had been suspended without justification because she would not enter into "meaningful discussions" for further employment by the defendant.
The Supreme Court had determined the Minister was not Ms Carr's employer, he said. There was "quite a history of litigation" between the parties. In an affidavit, Ms Carr said she was a school principal by occupation. In November 1970 she had been appointed principal of St Anne's Post-Primary School, George's Quay, Limerick, by the City of Limerick VEC.
She was suspended from that post in June 1976, by her employer, the VEC. The Minister for Education had directed an inquiry in relation to her suspension. In a letter of August 14th, 1980, the Minister informed her he was directing the termination of her suspension and payment of the allowance which would have been paid had she not been suspended.
She said that despite the Minister's decision, the VEC failed to reinstate her. She had initiated legal proceedings as a result.
The Supreme Court had determined in 1991 that Ms Carr was entitled to a declaration that she was still an officer of the VEC and principal of St Anne's school, despite the fact the school had closed down in 1976, some 15 years earlier. The court also decided she was entitled to be paid the full amount of salary appropriate to that position from the date on which she was originally suspended.
Ms Carr said since the Supreme Court decision and until July 1995, she had received no communication from the VEC assigning to her any task or duties as principal of St Anne's or seeking to negotiate what her duties would be.
On July 24th, 1995, she was informed by letter the VEC had decided to consider removing her from office, she said. The letter said the committee felt the employer/employee relationship had "deteriorated to such an extent over the years that re-establishment of a working relationship would be very difficult". The letter said the committee felt it "would not be in the best interest of its schools to attempt to persuade you to take an appointment to an alternative vacancy in a position other than as principal, which you are not legally bound to accept and which the committee is not legally bound to offer".
Ms Carr said she understood the letter to mean the VEC had no intention of trying to persuade her to take up any employment with it other than the position she held of principal of St Anne's.
She said she had also received a number of letters from the Minister for Education. She had ignored those letters, as the Minister was not her employer.
Ms Carr said she recognises no obligation on her to enter into any discussion with the Minister. She had been at all times, and remains, willing to return to work in accordance with her contract of employment with the VEC.
A letter from the Minister last November 3rd indicated he had decided to take disciplinary action against her by suspending her salary until she was prepared to enter into meaningful discussions with the VEC and the Department of Education on her return to work in an appropriate position. She instructed her solicitor to respond to that letter.
Ms Carr said any refusal by her to enter into meaningful discussions with the Minister could not properly be construed as a misconduct by her in relation to her contract of employment with a third party, the VEC.
The decision to suspend her salary was made unfairly and fair procedures had not been adhered to. Since the date of suspension of her salary, she had been in receipt of no earned income.
Mr Justice O'Donovan granted Ms Carr leave to seek a number of orders and declarations, including an order quashing the decision to stop payment of her salary and a declaration that the decision was beyond the powers of the Minister and void.