Injunction granted to teacher in remote teaching row

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The High Court has granted an injunction to a teacher restraining the school in which she works from carrying out a disciplinary process over the manner in which she conducted remote teaching during school closures earlier this year

Second level teacher Emer Lally had sought the injunction against Rosmini Community School in Dublin where she has worked for the past 19 years.

The principal of the school maintains that the teacher cancelled a large number of classes without notice to the school, and that this led to complaints from parents. Granting an interlocutory injunction in favour of Ms Lally, Ms Justice Butler said the plaintiff continued to work in the school notwithstanding that she now faced a disciplinary process involving allegations of serious misconduct which, if established, might lead to her dismissal.

Ms Justice Butler said a number of serious issues were raised by the plaintiff in an affidavit in relation to a first report. These included whether an audit carried out by the school fairly reflected her level of engagement with her students. The judge said that the principal had prepared a second report – which replaced the first one – with the knowledge of those concerns but did not address them in any way.

The judge said that similarly, the second report compiled by the principal had failed to identify that the plaintiff was asserting technical difficulties in relation to taking accurate roll calls online. She said when issue was taken with the factual accuracy of statements "and no response at all is provided, it necessarily raises doubts about the integrity of the proposed disciplinary process".

 

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