Employment Disciplinary action Findings of inappropriate behaviour
Employment - Disciplinary action - Findings of inappropriate behaviour - Refusal to permit remedy of appeal - Judicial review - Mootness - Rational of filing judicial review - de minimis principle
Facts: The applicant sought an order of certiorari against the decision of the respondent for making the findings that the applicant behaved improperly with a student and also a certiorari against the decision to issue a final written warning to the applicant. The applicant contended that the respondent had erred in law by refusing him to file an appeal against the findings regarding indulgence in inappropriate behaviour.
Held: Mr. Justice Twomey refused to grant the desired relief to the applicant. The Court held that since the time period for which the final written warning was issued had already expired, the issue became moot and thus, there was no reason for the present proceedings to continue. The Court found that the applicant was not prejudiced by the issuance of that written warning as it did not form a part of the employment records of the applicant and thus, it did not amount to the imposition of any penalty or liability so as to put the reputation of the applicant at stake. The Court opined that the remedy of judicial review was not available for de minimis things and that the time and scant resources of the Court were not utilized judiciously.
Dillon, Pierce v Board of Management of Catholic University School
23/11/2016 No. 2015/665 JR  IEHC 674