Enoch Burke turns up to school again despite sacking - read OP before posting

The only part of the disciplinary procedure that can be skipped is the sanction. Let me explain. Below are the 5 sanctions available.

1. Verbal warning
2. First written warning
3. Second written warning
4. Final written warning
5. Dismissal

Gross misconduct allows an employer to skip steps 1, 2 and 3 and go straight to steps 4 or 5. That's the part of the process that can be skipped (step 1, 2, 3 or 4). What can't be skipped is the right to fair procedure. You can't skip hearings, giving the employee the right to see evidence against them, the right to have their say, to be present at meetings they are legally allowed to be at etc.

I agree that Burke has acted the cnut but unfortunately if the school didn't follow procedures then Burke could win out. I'm not saying he will, I'm just saying it's a possibility.

This bit here seems to show that the school may not have followed procedure.

It does appear that the Board may have discussed the report into Burke's behaviour at a meeting without giving him the option of being present at that meeting - which looks like a breach of procedure.

The report itself may have been flawed too, as referenced by the Judge during the injunction hearing a few days ago. And a flawed report would be unfair on Burke, so this looks like another breach of procedure.

It's unfortunate but most of the onus to follow procedure is on the employer. That doesn't give the employee free rein to act the bollix, far from it but I've seen it in personal injury claims a 100 times. The employee can do loads of things wrong but once the employer does one thing wrong, they have a serious battle on their hands.

Undiplomatic?

BTW, can you show that this was a new policy? The principle said there was a trans student. They said teachers should refer to them as they/them. There's no indication that the school rewrote the policies. They implemented existing policy didn't they? And it didn't even apply to burke since he didn't even teach the student in question.

Burke interrupted and harassed the principle at a school church service.

Burke refused to leave school after he was suspended following disciplinary action.

Burke refused to leave after the school went to the courts.

And even after he went to prison and got released, he started turning up at the school again.

The guy's crazy. And it's all the fault of his parents who brainwashed him from a young age. He and his family have stood outside hospitals linking gay people to pedophilia. I've seen them in the street in Castlebar preaching. They're the irish equivalent of the westboro baptist church. And not just in beliefs. That church is formed around a family who were raised cut off from the entire world.

This is all correct. Any potential failure to follow the rules to the letter will result in the school and dept having to make a payout. What I'm arguing is that it wouldn't mean reinstatement to his post.

The WRC will check that the process was followed correctly. This is all.

I'd imagine that if there were any flaws so far in the process the schools legal reps and the gobshites reps would have highlighted this so far.

Enochs recorded carry on yesterday and his failure to abide by the suspension and directions not to return to the school are 100% a sackable offense even if the original suspension wasn't warranted.

• the school bring in the policy and the principal advises staff
• Burke objects as to the policy to the school on grounds of his beliefs
• Burke berates the Principal at a high profile social event. He was asked a number times to bring it up at a more appropriate time, he chased the principal until other staff had to physically get in his way.
• School suspends on full pay until a disciplinary process can be done
• Burke continues to attend
• School gets injunction to stop Burke attending
• Burke continues to attend
• Burke is jailed for contempt of court injunction
• Burke is released
• Burke continues to attend

that enoch had to separated from the principal by another teacher tells me enough. he wasn't suspended for being undiplomatic. their behaviour yesterday at the hearing shows how they behave in public. and i really dont care about the family you have probably just made up. we are talking about a family with a long history of acting like gowls that march in step at all times normally accompanied by the mother that home-schooled them. that looks like control to me.

And people change their names to Irish variations all the time.

Plus, he didn't teach the student or have any contact with them.

It's be like me complaining about your neighbour changing their name. Just in case I happened to bump into them.

Eh.... you blamed the parents the last time you apportioned blame. That was after being (rightly) lambasted to death here for blaming the child originally. Now it's the schools fault. They are 'dishonest'.... and therefore to blame.? What next... the school janitor for working on the Sabbath????