byAndrew Carey
andrew@limerickpost.ie
A LIMERICK primary school principal has had her award from an Employment Appeals Tribunal (EAT) doubled by a court after a judge rejected an appeal by the school’s board of management against the original decision.
At a civil sitting of Limerick Circuit Court, Judge Tom O’Donnell upheld the original decision of the EAT that Ms Betty O’Farrell was constructively dismissed when she took early retirement from St Bridgid’s National School in Singland.
At a hearing in August 2013 and again in January of this year, Mrs O’Farrell, a mother-of-four from Newport, Co Tipperary, who taught for over 30 years in Singland, claimed she was constructively dismissed after taking early retirement due to ongoing problems she had with a teaching colleague.
Mrs O’Farrell started working at St Brigid’s in 1979 and was promoted to principal in 2005 and in her original claim, she said that a teacher, referred to as Mr X, was the source of problems within the school.
The tribunal heard that his conduct had a severe impact on Mrs O’Farrell’s ability to carry out her duties and it was further claimed that he was putting the wellbeing of students at risk.
The matters were addressed by the then Board of Management but to no avail and Mr X was put on paid leave and warned over his conduct. In 2009, he was dismissed after further matters arose.
However the tribunal was told that, as the school was under the auspices of the Catholic Church, the teacher’s dismissal needed the approval of the bishop at the time.
In 2011, for reasons outside the control of the Board of Management, the ratification to approve the sacking of Mr X was refused by the Diocese and Mrs O’Farrell said that this forced her to take early retirement as she felt her position was untenable.
She subsequently claimed constructive dismissal as she was retiring from her position some eight years ahead of retirement age. Her salary at the time was €92,224 per annum and her early pension was €37,802.
The EAT found in favour of Mrs O’Farrell and believed her claims that she was constructively dismissed and awarded her €50,000.
However the board of management appealed the decision to the Circuit Court.
At the appeal hearing before Judge Tom O’Donnell at Limerick Circuit Court this week, barrister Tom Mallon instructed by Frances Twomey and Co solicitors, said Mrs O’Farrell lost more than €400,000 in earnings owing to her premature retirement.
Refusing the appeal, Judge O’Donnell said the Board of Management’s €50,000 compensation award was on the low side and increased it to €106,846.
Should the board of management appeal the Court’s decision, the judge ordered that €70,000 be paid over immediately.
