The High Court yesterday refused to grant an order lifting the suspension of a teacher pending the outcome of legal proceedings.
Mary Becker, of Avondale Park, Blackrock, Co Dublin, had sought an interlocutory injunction lifting her suspension pending the full hearing of her action against the board of management of St Dominic's Secondary School, Cabra, Dublin.
The suspension was imposed by the board on March 31st last, and the board wants it to apply pending a full psychiatric assessment of Ms Becker.
In his decision yesterday, Mr Justice Clarke said it didn't seem to him that Ms Becker was entitled to any order at the interlocutory stage. However, it was his view, in the absence of some "unexpected and compelling feature", that the current suspension could not legitimately extend beyond May 10th.
Unless there was such an unexpected change of circumstances, the judge said, he would be prepared to grant Ms Becker an injunction should the suspension, on the current basis, continue beyond May 10th.
The judge also said he was satisfied Ms Becker had established an arguable case to be tried in the forthcoming full hearing.
However, he added, he was equally satisfied that there was a fair issue to be tried concerning the board's contentions in the case.
Yesterday's decision follows another High Court decision on Thursday which found that Ms Becker had chosen an inappropriate legal route in taking judicial review proceedings challenging a warning by the school board of management that she should in future not harass another teacher (who had made a complaint against her) or any other member of the school staff.