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High Court Grants Isaac Wunder-Type Order Restraining Appellant from Instituting Further Proceedings, Including Proceedings Before the WRC

posted 1 year ago

In Deirdre Morgan v The Labour Court and Others[1] the High Court considered for the first time whether Isaac Wunder relief could be extended to a statutory tribunal such as the Workplace Relations Commission (“WRC”).

Facts: In August 2010, the Appellant made an allegation to the Board (which, at the time, was Wicklow VEC) that she was being sexually harassed by a male student in one of her art classes. The Board appointed an independent barrister to investigate the allegation. During the course of the investigation, the Appellant withdrew her allegation. The independent barrister found that the allegation was without foundation, noting that his decision would have been the same even if the Appellant had not withdrawn the allegation.

The Board subsequently instituted a lengthy disciplinary inquiry (which included an appeal) into a number of disciplinary allegations, including that the Appellant had made unfounded, malicious and vexations allegations of sexual harassment against the male student. This was followed by an inquiry process conducted by an inspector appointed by the Minister which culminated in the Minister deciding that the Appellant was no longer fit for office. The Appellant was legally represented throughout the disciplinary and inquiry processes. She was removed by Order of the Minister on 15th June 2015.

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