Wednesday 20 February 2019

DIT director gets injunction over disciplinary action

Tim Healy

A SENIOR academic at the Dublin Institute of Technology (DIT) today secured a temporary High Court injunction preventing it from bringing disciplinary proceedings against him.

Michael Mulvey, director of academic affairs and registrar, is also seeking a number of orders and declarations against DIT including that a decision of its president Prof Brian Norton to initiate disciplinary procedures is unreasonable and irrational and that he (Norton) has pre-determined the outcome of the inquiry.

He claims DIT is in breach of constitutional and natural justice by having failed to provide him with sufficiently precise details of alleged disciplinary breaches or complaints against him.

In an affidavit, Mr Mulvey says a dispute has arisen with the DIT over a cost saving proposal he made in 2011 to move the staff teaching and training unit, the Learning Teaching and Technology Centre (LTTC), from its current location in Mount Street to Rathmines.

Arising out of this dispute, disciplinary procedures were initiated against him which he says are wholly unfair and which he believes are driven by a campaign by the Teachers Union of Ireland (TUI) to thwart

the moving of the LTTC.

He says in opposing this move, the TUI wanted to assert its power within the DIT by undermining his (Mulvey's) position.

He also says the DIT president, as well as its director of human resources David Cagney, have demonstrated an inability to demarcate operational or industrial relations matters from issues that impinge upon his right to fair procedures.

His application for an injunction, which was made on a one-side only represented basis yesterday, was granted by Mr Justice Michael Peart and made returnable to January 23.

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