Latest news with #disciplinaryhearing
BreakingNews.ie
5 days ago
- Politics
- BreakingNews.ie
Enoch Burke wins appeal over composition of disciplinary appeals panel
Teacher Enoch Burke has won an appeal over the composition of a disciplinary panel set up to hear his appeal against his dismissal. Mr Burke claimed a member of the three-person appeals panel, Association of Secondary Teachers in Ireland (ASTI) general secretary, Kieran Christie, was a 'promoter of transgenderism'. The appeals panel denied his claim. Advertisement Ms Justice Mary Faherty, on behalf of the three-judge Court of Appeal (CoA) , said with "a great deal of reluctance", she would grant an injunction to Mr Burke restraining the appeals panel, as presently constituted, from hearing the respondents from holding a hearing. Mr Burke spent more than 500 days in prison for repeatedly disobeying High Court orders not to attend at Wilson's Hospital School in Co Westmeath where he had been employed as a history and German teacher. He went through a disciplinary hearing after publicly clashing with school management when the then-principal Niamh McShane requested that teachers call a transgender child 'they' instead of 'he'. He has argued transgenderism is against his Christian religious beliefs and requiring him to do so was unconstitutional and contrary to the ethos of Wilson's of which the Church of Ireland is school patron. Advertisement When he was dismissed in 2023, he sought an appeal through the normal employment process but then brought a High Court challenge claiming that appeals panel member, Mr Christie, was "an activist for transgenderism" within the ASTI and was personally or objectively biased. In December 2023, the High Court rejected his challenge, saying Mr Burke had not discharged the burden on him of establishing that there was a fair question to be tried of a reasonable apprehension of bias. He appealed to the CoA and the panel opposed his appeal. On Friday, Ms Justice Faherty, for the CoA, said that while accepting Mr Christie does not sit on the appeals panel in his capacity as General Secretary of the ASTI, it must nevertheless be the case that Mr Christie's role in the ASTI, which has advised schools to use a transitioning student's preferred choice of pronoun, would be influential to the reasonable independent observer. Advertisement In those circumstances, she could not agree with the High Court judge that there was not a fair question to be tried in relation to any issue on which it was claimed the ASTI had taken a position. She rejected Mr Burke's suggestion that if his objection to Mr Christie was well-founded, the objection must similarly be well-founded in relation to any other person nominated by the ASTI. The judge said there remained the question as to whether Mr Burke, with his history of contempt of court "gets to pick and choose how and when he gets to invoke the court's protection and jurisdiction'. Mr Burke, apart from spending more than 500 days in prison over several periods, was also the subject of daily €700 and later €1,400 fines for every time he turned up at the school. Advertisement Ireland 'Golden couple': Profits soar at Brian O'Driscoll... Read More Recently, the High Court made orders permitting the seizure of money to pay the fines from the bank account into which his school salary continued to be paid pending the CoA decision. Ms Justice Faherty said she considered his contempt no less egregious now than when he was before the High Court challenging the appeals panel. However, the distinguishing feature of the present case was the spectre of unfairness that will hover over the disciplinary appeal process if he has to face that body as presently constituted, given that he has made out a case of a reasonable apprehension of objective bias, she said. While it was normal for the loser in a case to pay the winner's costs, the court was "not in normal territory" here. The judge said there would be no costs order in Mr Burke's favour save an order setting aside the costs order made against him in the High Court.
Irish Times
5 days ago
- Politics
- Irish Times
Enoch Burke wins injunction to halt disciplinary panel hearing his appeal over dismissal
Teacher Enoch Burke has won an appeal over the composition of a disciplinary panel set up to hear his appeal against his dismissal. Mr Burke claimed a member of the three-person appeals panel, Association of Secondary Teachers in Ireland (ASTI) general secretary, Kieran Christie, was a 'promoter of transgenderism'. The appeals panel denied his claim. Ms Justice Mary Faherty, on behalf of the three-judge Court of Appeal, said with 'a great deal of reluctance', she would grant an injunction to Mr Burke restraining the appeals panel, as presently constituted, from hearing the respondents from holding a hearing. Mr Burke spent more than 500 days in prison for repeatedly disobeying High Court orders not to attend at Wilson's Hospital School in Co Westmeath where he had been employed as a history and German teacher. READ MORE He went through a disciplinary hearing after publicly clashing with school management when the then-principal Niamh McShane requested that teachers call a child 'they' instead of 'he'. He has argued transgenderism is against his Christian religious beliefs and requiring him to do so was unconstitutional and contrary to the ethos of Wilson's of which the Church of Ireland is school patron. When he was dismissed in 2023, he sought an appeal through the normal employment process but then brought a High Court challenge claiming that appeals panel member, Mr Christie, was an 'activist for transgenderism' within the ASTI and was personally or objectively biased. In December 2023, the High Court rejected his challenge saying Mr Burke had not discharged the burden on him of establishing that there was a fair question to be tried of a reasonable apprehension of bias. He appealed to the Court of Appeal and the panel opposed his appeal. On Friday, Ms Justice Faherty, for the Court of Appeal, said that while accepting Mr Christie does not sit on the appeals panel in his capacity as General Secretary of the ASTI, it must nevertheless be the case that Mr. Christie's role in the ASTI, which has advised schools to use a transitioning student's preferred choice of pronoun, would be influential to the reasonable independent observer. In those circumstances, she could not agree with the High Court judge that there was not a fair question to be tried in relation to any issue of which it was claimed the ASTI had taken a position. She rejected Mr Burke's suggestion that if his objection to Mr. Christie was well founded, the objection must similarly be well-founded in relation to any other person nominated by the ASTI. The judge said there remained the question as to whether Mr Burke, with his history of contempt of court 'gets to pick and choose how and when he gets to invoke the court's protection and jurisdiction'. Mr Burke, apart from spending more than 500 days in prison over a number of periods, was also the subject of daily €700 and later €1,400 fines for every time he turned up at the school. Recently the High Court made orders permitting the seizure of money to pay the fines from the bank account into which his school salary continued to be paid pending the Court of Appeal decision. Ms Justice Faherty said she considered his contempt no less egregious now than when he was before the High Court challenging the appeals panel. However, the distinguishing feature of the present case was the spectre of unfairness that will hover over the disciplinary appeal process if he has to face that body as presently constituted given that he has made out a case of a reasonable apprehension of objective bias, she said. While it was normal for the loser in a case to pay the winner's costs, the court was 'not in normal territory' here. The judge said there would be no costs order in Mr Burke favour save an order setting aside the costs order made against him in the High Court.
The Sun
21-07-2025
- Health
- The Sun
JK Rowling slams ‘hapless' NHS bosses who suspended nurse for complaining about trans doc using female changing rooms
AUTHOR JK Rowling has slammed "hapless" NHS bosses for suspending a nurse who challenged a trans doctor in the female changing rooms. Sandie Peggie was suspended after she objected to sharing a changing room with Dr Beth Upton - a biological male - at the NHS Fife hospital where they both worked in Scotland. 4 4 4 Sandie was suspended from work at the Victoria Hospital in Kirkcaldy, Fife, in January last year after Dr Upton made an allegation of bullying and harassment. But she was cleared of allegations of misconduct, failures of patient care and misgendering the doctor in an internal disciplinary hearing. The Harry Potter writer, 59, also took aim at former Scottish First Minister Nicola Sturgeon, suggesting the "unprofessional" behaviour of NHS Fife was a direct result of her legacy. Writing on social media, Rowling fumed: "This is Nicola Sturgeon's legacy. "... a government that publicly backs the hapless, unprofessional, ideologically captured health board that's persecuting a nurse for asserting her legal right to a single-sex changing room." Ms Peggie's solicitor Margaret Gribbon said that the nurse - who has worked at the health board for 30 years - was "relieved and delighted" after being cleared of the allegations. In a statement, Ms Gribbon said: "On Tuesday 14 July, the evening before the resuming of her tribunal, Sandie Peggie received confirmation from Fife Health Board that following a disciplinary hearing, none of the gross misconduct allegations against her were upheld. "This follows a disciplinary hearing on 25 June, which considered four gross misconduct allegations: two relating to patient care failures, one of 'misgendering' Dr Upton, and one relating to her encounter with Dr Upton in the workplace female-only changing room on Christmas Eve 2023. "Sandie is relieved and delighted that this 18-month-long internal process has concluded and cleared her of all allegations." It comes as an employment tribunal brought by Ms Peggie against the health board is set to resume this week. JK Rowling has been a prominent women's rights campaigner and has often been vocal on what she calls "sex-based rights" for several years. The writer praised BBC newsreader Martine Croxall last month after she refused to say "pregnant people" on air. Gender row nurse cleared of gross misconduct She joked she had a "new favourite BBC presenter" after Martine overruled her autocue which referred to "pregnant people" being at risk during the recent hot weather. Rowling has come under fire for comments made in the past towards trans people. In 2020, the esteemed author slammed the growing trend of replacing "biological sex" with "gender identity". Her stance, that declared "sex is real", led to death threats, but also moulded her into a figurehead for the "gender-critical" movement. Activists accused her of transphobia in 2020 when replying to an article with the headline: "Opinion: Creating a more equal post Covid-19 world for people who menstruate." She tweeted: "'People who menstruate'. I'm sure there used to be a word for those people. "Someone help me out. Wumben? Wimpund? Woomud?" Her remarks led to criticism from Potter actors Daniel Radcliffe, Emma Watson, Rupert Grint, who ignored the fact her books had made them famous to launch a string of attacks. It was Rowling's beloved group For Women Scotland which also launched a long-running legal battle with the Scottish government over how a "woman" was defined in Scottish law. The Scottish government had argued people with gender recognition certificates (GRCs) should be protected from sex-based discrimination, meaning a transwoman would be considered a woman. However, campaign group For Women Scotland claimed this only applied to people born as a female. In April, the Supreme Court 's landmark judgement ruled that it was unanimously determined "sex is binary" and that female-only spaces must be protected on the basis of biology. 4
The Herald
17-07-2025
- The Herald
SAPS given permission to dismiss cop caught shoplifting at Woolies
A s anction of two months' suspension without pay meted out to a police officer for theft has been substituted by the Labour Court, which ruled the SA Police Service may terminate the errant officer's employment with immediate effect. Acting judge Deidre Venter said the sanction at the disciplinary hearing by Brig BE Bornman did not match the seriousness of the misconduct and overlooked the broader need to maintain public confidence in the police service. W/O GF Madeley, who was stationed at the Nyanga police station in the Western Cape, was stopped by a security guard when he tried to shoplift at a Woolworths store in the Canal Walk shopping mall on January 8 2022. A disciplinary hearing was launched at which he was charged with misconduct. He was accused of theft and of tarnishing the reputation of his employer by bringing its name into disrepute. Madeley, who had 19 years' service, pleaded guilty and asked for a light sanction, saying he was a first offender, he had financial commitments and he suffered from bipolar disorder. He submitted a medical report from a psychiatrist confirming his condition and stating it was "probable he committed the offence while being absent-minded". The SAPS, however, contended the theft was premeditated on the grounds that: He had entered the shop with a trolley containing empty bags which he filled with items before attempting to leave the shop. He had walked past a pay point with a trolley loaded with bags of goods. He was stopped by security personnel and chose to run out of the store to escape the scene. He had every opportunity to explain himself when he was stopped at the exit but chose not to do so. The labour court agreed Madeley's behaviour amounted to serious misconduct. The only reason for not dismissing him at the disciplinary hearing that could be gathered from Bornman's written reasons was that "the employee pleaded guilty and did not waste the employer's time". Venter said she "failed to consider vital evidence related to the gravity of the offence and the trust relationship". "Any reasonable decision-maker would have concluded suspension without pay was too lenient and dismissal was appropriate." TimesLIVE
Telegraph
16-07-2025
- Health
- Telegraph
NHS nurse who challenged trans doctor over female changing rooms cleared
Margaret Gribbon, Ms Peggie's solicitor, said in a statement: 'On Tuesday July 14, the evening before the resuming of her tribunal, Sandie Peggie received confirmation from Fife health board that following a disciplinary hearing, none of the gross misconduct allegations against her were upheld. 'This follows a disciplinary hearing on June 25, which considered four gross misconduct allegations: two relating to patient care failures, one of 'misgendering' Dr Upton, and one relating to her encounter with Dr Upton in the workplace female-only changing room on Christmas Eve 2023. 'Sandie is relieved and delighted that this 18-month-long internal process has concluded and cleared her of all allegations.'
