O'Dea v O'Briain
Jurisdiction | Ireland |
Judgment Date | 01 January 1992 |
Date | 01 January 1992 |
Court | High Court |
- Nun teaching in secondary school - Board of management requesting nun's religious superior to transfer her - Superior exercising power to transfer -Whether power invalidly exercised - Whether rules of constitutional justice applicable to decisions made by religious superiors in relation to members of their community - Whether appropriate to grant mandatory injunction.
The plaintiff, a nun, had been teaching for over 40 years at St. Louis Secondary School, Dublin. The first named defendant was the chairperson of the school's board of management. The ninth named defendant was the trustee of the school and also was the plaintiff's religious superior. On 8 January, 1991, the first named defendant wrote to the plaintiff's superior outlining the board of management's dissatisfaction with the plaintiff and requesting the superior as trustee to exercise her power of transferring the plaintiff. Subsequently the plaintiff met with the superior to discuss the matter on 8 March and 23 May, 1991. On 19 July, 1991, the plaintiff's superior wrote to the plaintiff informing her that under Article 118 of the congregation's constitution she was being transferred to Monaghan and that under the articles of management of the school her nomination by the trustee to the staff of the school would terminate on 31 July, 1991. Article 118 confers upon the superior the power to transfer after consultation with the regional council and the sister concerned. The plaintiff disputed that any consultation had taken place at the meetings...
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