Schoolteacher Enoch Burke, who was dismissed from his position for alleged gross misconduct, has been ordered to pay legal costs to the Wilson’s Hospital School in their successful High Court action against him earlier this year.
Awarding the costs to the school on Monday, Mr Justice Alexander Owens made an order restraining Mr Burke from trespassing on the premises of the school in Multyfarnham, Co Westmeath, but said the teacher was not prevented from attending outside the school gates.
In its action, the school had argued it was correct to place Mr Burke on paid administrative leave pending the outcome of a disciplinary process against him.
It submitted that Mr Burke was dismissed from his position because he had intimidated and harassed a colleague and had breached the confidence of a student in the school who wished to transition.
Mr Burke, who denied any wrongdoing, argued that his suspension arose out of his opposition to transgenderism and an alleged direction by the school to refer to a student who wishes to transition by a different pronoun.
In a counterclaim, he submitted that the disciplinary process against him should be set aside and that it breached his constitutional rights, including his right to freedom of expression of his religious beliefs.
Last May, Mr Justice Alexander Owens found that Mr Burke was lawfully suspended from his teaching position at the school.
Counsel for the school, Alex White SC, said that Wilson’s Hospital School was seeking damages of €15,000 for Mr Burke having trespassed, as well as costs involved in the case.
Religious belief
Defending himself, Mr Burke said that his case was one of religious belief and freedom of conscience and accused Mr Justice Owens of having “exalted religious belief to the most serious of crimes” in his original judgement.
“You said that my religious belief was capable of amounting to gross misconduct if the charge was proved,” said Mr Burke.
“These proceedings have been initiated against me because I took a stand on my religious belief, I stand by my actions in speaking up, and for the court to now ask me to pay something is punishing me for that religious belief,” he said.
Mr Justice Owens told him that what was at stake in the current proceedings was whether the court would award costs to the school and said that there would have to be exceptional reasons as to why the costs should not follow.
Mr Burke said that the court had a constitutional obligation to uphold his rights, and he went on to say that Mr Justice Owens had “reneged” on the vow he made when becoming a judge.
After listening to Mr Burke’s submissions, Mr Justice Owens said that he had adhered to his oath as to how he decided the original case.
“You’ve harangued me now for nearly an hour,” said Mr Justice Owens, ruling that he was awarding the school the costs.
The judge told Mr Burke that he was still free to appeal the outcome of the original case in which Mr Justice Owens ruled that Mr Burke was lawfully suspended from his teaching position at Wilson's Hospital secondary school.
In May, Mr Justice Owens ruled that the school, after suspending Mr Burke, was also entitled to a permanent injunction prohibiting him from attending at its premises and damages of €15,000 for his continuing trespass at the school's campus.
The judge said that the damages were in addition to the €700 per diem fine that had been imposed by the High Court on Mr Burke several months ago for his ongoing breach of earlier orders requiring him to stay away from the school's premises in Multyfarnham in Co Westmeath.
Mr Justice Owens' was giving his decision in the action between the school and Mr Burke over its decision to commence disciplinary proceedings against and suspend the teacher on full pay in August 2022.
