Jailed teacher Enoch Burke wants the High Court to place a stay on the full hearing of the action brought against him by his employer until his appeal against an injunction obtained by Wilson's Hospital School has been determined.
However, an application made on Mr Burke's behalf on Monday to be allowed attend court to seek a stay was refused by Mr Justice Brian O'Moore who adjourned the matter to a date next month.
Mr Burke is incarcerated at Mountjoy Prison over his refusal to comply with a High Court injunction to stay away from and not teach at Wilson's Hospital in Co Westmeath, in a row he claims centres around his objection to transgenderism.
The school brought proceedings against Mr Burke over his alleged failure to comply with the terms of his suspension on full pay from the school.
Appeal
Mr Burke has appealed to the Court of Appeal various High Court decisions including the granting of the injunction directing him to stay away from the school and which is to remain in place until the High Court has decided the matter.
The appeal has been fixed for February of next year.
While no date has been fixed for the hearing of the full High Court dispute between Mr Burke and the school, Mr Justice O'Moore had previously expressed a view that the matter be heard either before Christmas or early in the New Year.
To facilitate an early hearing the judge previously put a timetable in place for the exchange of legal documents between the school and Mr Burke.
The matter was briefly mentioned before the High Court on Monday when the judge was informed by Mr Burke's sister Ms Ammi Burke, who made submissions via an online video link, that her brother does not want the High Court case heard until after the Court of Appeal has determined the appeal.
The court heard that Mr Burke says that his case will be prejudiced if the High Court proceeds to hear the full dispute before his appeal has been determined.
Ms Burke added that the school had been made aware that her brother intends to seek a stay on the High Court matter proceedings until the Court of Appeal rules on the appeal.
Application to appear in court
Given the urgency of the matter Ms Burke sought an order allowing her brother to come before the court from Mountjoy Prison so he could make his case for a stay on the operation of the judge's directions for the exchange of documents.
Mr Justice O'Moore refused to make an order allowing Mr Burke to attend the Court on Monday afternoon.
He said the matter could be heard on November 7th.
His grounds of refusal included that the school is entitled to sufficient notice of the application for a stay.
A few hours' notice was far too short, the judge said during a hearing fraught with technical difficulties.
The Judge also cited pressure on the Chancery Court's list as another reason for refusing to hear application for a production order until November 7th.
The Judge added that Mr Burke could make his application for a stay in the normal manner.
If Mr Burke was unsuccessful in his application for a stay, the judge said he would be sympathetic to pushing back the dates set in the timetable for the exchange of documentation.
Mr Burke, who objects to addressing a student with the pronoun "they" and opposes transgenderism, was committed to prison last month until he agrees to obey the order not to attend at or attempt to teach any classes at the school.
Suspension
Mr Burke, a History and German teacher, was suspended on full pay late last August pending an investigation into alleged misconduct.
Arising out of his refusal to stay away from the school a High Court injunction was obtained against him.
His ongoing refusal to comply with that order resulted in his incarceration.
The school, located in Multyfarnham, Co Westmeath, is the Church of Ireland's Diocesan School for Meath and Kildare, and claims that his refusal to comply with the injunction was disruptive to students.
Mr Burke has brought his own proceedings against the school where he seeks various orders and declarations including a declaration that the disciplinary process against him is allegedly unlawful and allegedly breaches his constitutional rights, including his rights to freedom of expression, conscience, and religion.
He also seeks various orders preventing the school from continuing both his paid administrative leave, and the disciplinary process against him and an order preventing the school from dismissing him from his position.
