State (Donegal v.E.C.) v Minister for Education

• Jurisdiction: Ireland
• Judgment Date: 01 January 1985
• Docket Number: [1984 No.
• Date: 01 January 1985
• Court: High Court

(H.C.)

The State (Donegal V.E.C.)

and

Minister for Education

Vocational teacher -Suspension by Vocational Education Committee - Ministerial inquiry refused - Whether Minister has discretion to refuse to hold inquiry - Nature of inquiry - Whether Vocational Education Committee has locus standi to challenge refusal to hold inquiry - Vocational Education Act, 1930 (No. 29), ss. 30, 105 - Vocational Education (Amendment) Act, 1944 (No. 9), ss. 7, 8.

The prosecutor, County Donegal Vocational Education Committee, determined in November, 1983, to suspend a vocational teacher from the performance of his duties, without remuneration, in accordance with the provisions of s. 7 of the Vocational Education (Amendment) Act, 1944. Pursuant to the provisions of the same section, the Committee reported the suspension to the Minister for Education. That report was accompanied by documentation relating to the conduct by the teacher of his duties over a number of years, and the material was also forwarded to the teacher concerned. At the hearing of the meeting of the Committee which decided to suspend the teacher, he was represented by a member of his trade union and was given an opportunity to speak on his own behalf but he chose not to do so. The material on which the Committee took its decision disclosed repeated records of absence without permission by the teacher and refusals by him to co-operate in administrative work in connection with the work requested of him by the school principal. The Committee also considered the contents of reports conducted by vocational school inspectors which were highly critical of his work as a teacher. In April, 1984, the Committee was informed by letter from the Department of Education that as the Minister was not satisfied that the teacher had been appraised with sufficient precision of the grounds for his suspension the Minister had decided to terminate the suspension, that the teacher's remuneration for the period of suspension should be paid to him and that it was a matter for the Committee to determine if it wished to proceed further with the matter. The Committee sought an order of mandamus requiring the Minister to inquire into the allegations that the teacher had failed to perform satisfactorily the duties imposed on him. Heldby O'Hanlon J., in refusing...