An Bord Banistíochta, Gaelscoil Moshíológ v The Department of Education & Ors [2024]
Decision Number: [2024] IESC 38 Legal Body: Irish Supreme Court
Published on: 17/02/2025
Article Authors The main content of this article was provided by the following authors.
Duncan Inverarity Employment Mediator (CEDR Accredited) and Investigator
Duncan Inverarity Employment Mediator (CEDR Accredited) and Investigator
Duncan inverarity 100x100

Duncan Inverarity is a former a partner and Head of A&L Goodbody's Employment Law group and practiced exclusively in the area of employment law and industrial relations in multiple jurisdictions. Duncan advised public and private sector employers on both contentious and non-contentious matters. He advised Board rooms across Ireland and abroad on strategic and complex employment and industrial relations matters. Duncan also specialised in crisis management for clients and advised on some of the most high profile corporate issues in Ireland. Duncan regularly appeared for clients in the Workplace Relations Commission, the Circuit Court, the High Court, the Court of Appeal and the Supreme Court. Duncan also acted for partnerships in mediated settlements and in proceedings in the High Court.

Duncan now works as an Employment Mediator (CEDR Accredited)  and Investigator. 

Summary

Appeals to the High Court and Supreme Court should be confined to appeals on a point of law. The High Court does not have jurisdiction to substitute its own findings for that of the Labour Court.

Background

What happened?

A school principal was unfairly dismissed and endured ‘terrible injustice’ over more than 11 years due to “disastrous and unreasonable misjudgements” by the school’s board of management. The dispute had been ongoing for approximately 13 years. In January 2012 Mr. Ó Súird was placed on administrative leave following an incident in a classroom. A disciplinary hearing was conducted between November 2014 and June 2015 and Mr. Ó Súird was ultimately dismissed with effect from 30 November 2015. Following the plaintiff’s

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Disclaimer The information in this article is provided as part of Legal Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article. This article is correct at 17/02/2025
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