The decision in the Wilson’s Hospital School and Enoch Burke case was delivered by the High Court last week.
This was the substantive issue between the parties: was the school’s action in suspending Burke pending an investigation into allegations of misconduct lawful?
Mr Justice Alexander Owens determined the decision to suspend was lawful and was arrived at after considering the relevant factors and not considering matters that were not relevant.
I am not sure whether employers around the country should heave a sigh of relief. But it is my view that they should.
For if it was not lawful in this instance to suspend the employee, on paid leave remember, to put an investigation on foot into allegations against him then it would be difficult for any employer in the State to suspend an employee for the purposes of carrying out an investigation.