In this case, the Minister for Education and Skills, and the Kildare and Wicklow Education and Training Board sought orders pursuant to the Court’s inherent jurisdiction restraining the Appellant from instituting any further proceedings, or from making any further complaints to the WRC against the Minister or Board, concerning any matter relating to the Appellant’s term of employment with the Board, including any matter related to the suspension or termination of  her  contract  of  employment,  and  her  pension  and  gratuity  entitlements.

All of the WRC and court proceedings related to the removal of the Appellant from her position as an Art Teacher in a community college run by the Board. The Appellant was removed from her position by order of the Minister on the 15th of June 2015, following a lengthy disciplinary inquiry process instituted by the Board (which included an appeal) and an inquiry process conducted by an inspector appointed by the Minister which culminated with the Minister taking the view that the Appellant was no longer fit for office.

The Appellant did not issue any proceedings (whether by way of complaint to the WRC, plenary proceedings or judicial review) challenging her removal within the permitted time limits for same. However, the Appellant did lodge complaints with the WRC on the 9th of June 2016, almost 12 months after her removal.  On that date, she lodged separate complaints against the Minister and the Board based on identical grounds (being alleged discrimination on grounds of disability under the Employment Equality Act 1998).  These claims were rejected as being out of time by both adjudication officers and the Labour Court.

Thereafter, the Appellant persisted or lodge materially equivalent claims purporting to challenge her removal.  In April 2019, the Applicant lodged another set of complaints, including a complaint that  she  had  been  discriminated  against in respect of her pension entitlements. An Adjudication Officer dismissed those complaints on the 23rd of October 2019. The Labour Court also dismissed the Appellant’s appeal in February 2021.

The Court opined that both the High Court and Circuit Court proceedings were premised on the wholly invalid premise that the Appellant remained employed by the Board after the 15th of June 2015 when she was not so employed. Furthermore, the court noted that the Circuit Court proceedings sought a series of orders which were clearly outside any legitimate relief which could be sought from the Circuit Court. The Court had no doubt but that all of the remaining proceedings before the WRC were an abuse of process as they all involved attempts to relitigate matters which the WRC (and this Court, an appeal from the WRC) had already conclusively determined.

The Court then considered whether the court should exercise jurisdiction to strike out those proceedings in circumstances where the WRC is itself vested with a statutory power to strike out proceedings before it which are vexatious or frivolous. The Court noted that the WRC has authority which empowers an adjudication officer to dismiss a complaint or dispute if he or she is of the opinion that it is frivolous or vexatious.

Having considered the matter, the Court granted an order restraining the Appellant from instituting   any   further   proceedings   in   whatever   Court   or   forum, including   the   Workplace Relations  Commission  (“WRC”). Furthermore, the Court also granted an order striking out all complaints made by the Appellant to the WRC against the Minister for Education and Skills which have not yet been finally disposed of by the WRC.
https://www.courts.ie/view/judgments/b30bcab9-f2b4-440f-9de2-635a000098b6/67cde773-a2b7-4a73-a620-4ca46912593e/2022_IEHC_361.pdf/pdf