A LEGAL challenge has been brought to stop the Equality Tribunal investigating a range of claims by a former teacher of being harassed and discriminated against at a Co Louth school over some 10 years on grounds of his sexual orientation.
Pearse Brannigan claims his health broke down in 2006 and he had to seek early retirement as a result of his treatment.
Co Louth Vocational Education Committee claims the tribunal is entitled to investigate just two complaints made by Mr Brannigan, a former teacher at St Laurence’s Vocational Education College in Drogheda, including that, on March 10th, 2006, another colleague had placed a half-peeled banana in a condom in his staffroom mail box.
Mr Brannigan claims, when he reported this to the then principal, Mr O’Dowd, he had said: “What do you want me to do about it?”
The principal eventually said he would make an announcement in the staff room but had “not bothered” to do so, it is claimed. On the same day, Mr Brannigan took sick leave and later secured early retirement on health grounds.
He further claims a colleague had tried to assault him “with his fist” in December 2005 but another colleague prevented contact by jumping between the two. He claims he operated in a hostile work environment determined by the behaviour of students, staff and management.
An equality officer began a hearing earlier this year, but that hearing is on hold pending the outcome of the Co Louth VEC’s High Court judicial review challenge to its scope and conduct. The tribunal has denied it is acting either outside jurisdiction or unfairly.
The VEC claims the officer is not entitled to hear other complaints by Mr Brannigan about matters dating back to 1997, including claims the then principal, Mr O’Dowd, referred to him as “honky tonks” and that he was verbally and physically abused by pupils.
The VEC claims its relationship with Mr Brannigan had been “fraught with difficulty” over years, that it was always aware of Mr Brannigan’s sexual orientation and that it and its staff had readily accepted his sexual orientation.
Mr Brannigan began work with Co Louth VEC in 1981 and worked at various premises under its control until 2007 when he was granted early retirement on grounds of ill-health caused, he alleges, by negligence by the VEC.
The judicial review proceedings were mentioned yesterday before Mr Justice Iarfhlaith O’Neill who was told by counsel for the VEC they had just received a statement of opposition from the tribunal and wanted four weeks to reply to that.
In separate High Court proceedings for damages for physical injuries allegedly suffered due to negligence by the VEC, which have yet to be heard, Mr Brannigan claims he was frequently subject to abusive behaviour by students which was not adequately addressed by the school management.
He alleges he was treated with “utter contempt” by pupils who verbally abused him and threw stones at him in the classroom.
He further claims graffiti on a classroom door had stated: “Brannigan is a queer and a bastard”.
He further alleges he was given most unfavourable timetables and required to supervise lunch breaks and yard duties to an excessive degree.
He also claims, when an entire class of students complained about his teaching skills, the VEC failed to follow fair procedures.
The VEC has denied all the claims and also pleads the action is statute barred and that it has no liability for any injuries sustained, which injuries are denied.
