Fitzpatrick v Board of Management of St Mary's Touraneena National School and anor [2013] IESC 62 (19 December 2013)

Fitzpatrick v Board of Management of St Mary's Touraneena National School and anor [2013] IESC 62 (19 December 2013)

The Board acted intra vires and bona fide in invoking clause 7.3 of Primary Circular 10/05; the appellant failed to discharge the burden of proof; no breach of natural justice or fair procedures occurred; the appeal is moot regarding medical assessments as events overtook the proceedings.

Citation
[2013] IESC 62
Parties
Applicant/appellant: Kathleen Fitzpatrick; First Respondent: Board of Management of St Mary's Touraneena National School; Second Respondent: Minister for Education and Science
Jurisdiction
Ireland
Judgment Date
19 December 2013
Procedural Posture
Judicial Review Appeal / Supreme Court Appeal
Outcome
Appeal dismissed; High Court judgment affirmed
Legal Topics
Ultra Vires, Natural Justice, Fair Procedures, Judicial Review, Employment Contract, Statutory Interpretation
Administrative Law Employment Law Education Law Ultra Vires Natural Justice Fair Procedures Judicial Review Employment Contract +1 more

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Parties

Kathleen Fitzpatrick

Applicant/appellant

Board of Management of St Mary's Touraneena National School

First Respondent

Minister for Education and Science

Second Respondent

Procedural Posture

Judicial Review Appeal / Supreme Court Appeal

Legal Issues

  1. 1 Whether the Board acted ultra vires in referring the appellant for independent medical assessment under clause 7.3 of Primary Circular 10/05
  2. 2 Whether the Board breached principles of natural and constitutional justice
  3. 3 Whether the Board's invocation of clause 7.3 was irrational or motivated by improper purpose

Ratio Decidendi

The Board acted intra vires and bona fide in invoking clause 7.3 of Primary Circular 10/05; the appellant failed to discharge the burden of proof; no breach of natural justice or fair procedures occurred; the appeal is moot regarding medical assessments as events overtook the proceedings.

Court Disposition

Appeal dismissed; High Court judgment affirmed

Orders

  • Application for judicial review refused
  • Appellant to pay costs to Board and Minister