Former principal of Gaelscoil Moshíológ, Aodhagán Ó Súird who was fired in 2015 for inflating pupil numbers was unfairly dismissed and must be re-engaged, according to a Labour Court ruling.
he Gorey native and one of the school founders was dismissed from his role for adding the names of pupils to the school roll in 2009. In the recent ruling, it was found that Ó Súird overstated the numbers of pupils enrolled in the school by nine. This included the names of siblings of actual pupils, of other children who were expected to attend in future years as pupils and of students who had been enrolled but had not returned. The Court heard that Ó Súird did this ‘to keep the pupil/teacher ratio reasonable in the school to advantage the children in the school’.
The Court heard evidence from a number of people, including what a retired principal who testified on behalf of Ó Súird. He was asked by Counsel about the significance of this kind of practice in the context of a developing school such as Scoil Móshíológ was at the material time. He told the Court that a developing school is in competition for numbers with its established neighbours and is constantly trying to get its next teacher to avoid mixed classes. He said that Ó Súird should not have been sacked because of what he referred to as ‘the ambiguity of the Education Welfare legislation’ adding that he was not unique in what he was doing with pupil figures at the time.
The Court found that the Board and its individual members ‘understood or ought to have understood’ what steps Ó Súird took each year with regard to the enrolment returns and his reasons for doing so. Following this, the Court accepted that Ó Súird ‘was not acting without the support and encouragement of the Board’ and called into question the proportionality of the sanction imposed on him.
The Court also found that Ó Súird did not personally benefit in any way – including by way of salary increase – from the overstatement of returns. Unfounded allegations in this regard were reported in the media following his dismissal, it was stated.
In determining the proportionality of the sanction, the Court stated that ‘it is beyond dispute that dismissing a person from an education post, particularly at the level of school principal, is to give the “kiss of death” to that person’s career as an educational professional’.
Taking into account that the Board ‘erroneously believed’ Ó Súird had benefitted from the inflated returns in 2009, the Court’s findings in relation to the Board’s ‘ongoing and informed support’ for Ó Súird’s consistent practice when it came to making the annual return each year from the establishment of the School, Ó Súird’s full admission from the outset in relation to his actions and the ‘very strong evidence’ of the retired principal about the prevalence of similar practices in the sector prior to 2013, the Court found that ‘the sanction of dismissal in this case was disproportionate and not within the band of reasonable responses open to a reasonable employer in the circumstances’.
On Monday, June 13, Ó Súird arrived at the school to recommence his role as School Principal but according to him, was told he cannot return until the Board has a meeting to discuss the issue.
“I am so looking forward to going back. I have been seven years waiting for this. This is a school I helped found I would have called the initial meeting that involved setting up this school,” he said on Monday morning.
“Unfortunately, I was turned away from the door this morning despite the court determination. There has been no engagement by the Board of Management with me or my representatives since then despite three letters.”
There was no response from the school at the time of going to print.
