Teacher challenges school over work fitness

A national school deputy principal has brought a High Court challenge to a decision by her school's board of management requiring her to undergo a psychiatric assessment after she sought to return to work after being on stress-related sick leave for several months.

Catherine Fitzpatrick, vice-principal of St Mary's National School, Touraneena, Co Waterford, claims the board was not entitled, in a letter of January 26th, 2006, to require her submit to psychiatric assessment by a named consultant as she had forwarded medical certificates indicating she was fit to resume work.

Her counsel, Frank Callanan SC, said the board was not entitled to seek the referral under department circular 10/2005, governing the operation of primary schools. The board was trying to block Ms Fitzpatrick's return to work when she had been certified fit to resume work by a consultant psychiatrist and by the public service chief medical officer, he said.

Mr Callanan was opening proceedings by Ms Fitzpatrick (46) against the board of St Mary's national school, Touraneena, and the Department of Education. Ms Fitzpatrick wants orders quashing the proposed referral and permitting her resume work.

The board, represented by Feichin McDonagh SC, has rejected her claims while the department, represented by Oisin Quinn, contends Ms Fitzpatrick has made out no case against it.

The court was told Ms Fitzpatrick had taught at the three-teacher school for 24 years and had become deputy principal in 1997. Mr Callanan said there were no difficulties over a long period of her employment but there were ongoing difficulties from April 2003 arising, he said, from the actions of the school principal, Sheena Nix, and chairman of the board Fr Kelleher.

He said difficulties arose after complaints from parents of a child which were not limited to Ms Fitzpatrick. The complaints included a claim that she had isolated the child, aged seven, for two weeks. There were also complaints by Ms Nix about Ms Fitzpatrick's timekeeping and issues related to Ms Fitzpatrick's health.

He said the board seemed to have told Ms Nix to give Ms Fitzpatrick a verbal warning arising from the isolation of the child. Ms Fitzpatrick had alleged she was subject to harassment and threatening driving by the parents of the child and felt she was not being supported in such matters by the board.

A further complaint in September 2005 arose from concerns of parents about her conduct towards a child in June 2005. That September Ms Fitzpatrick went on sick leave and wrote to Fr Kelleher complaining of bullying and harassment by the board. There was correspondence between the Irish National Teachers' Organisation, on behalf of Ms Fitzpatrick, with the board.

Ms Fitzpatrick, whose paid sick leave (365 days over a four-year period) was due to expire on March 1st, 2006, wrote to Fr Kelleher prior to that saying she planned to resume teaching on February 13th and enclosing medical certificates stating she was fit to resume work.

Those certificates included one from the public service chief medical officer, who, having seen her consultant's report, deemed her fit to resume work, the court heard. The CMO had noted her medical reports indicated that she would have continuing problems if "interpersonal difficulties" she was experiencing at work were not resolved.

Mr Callanan said Fr Kelleher, having apparently had legal advice, replied that the board had concerns about her proposal because she had made serious claims of bullying and harassment which she said had resulted in her going on sick leave from September 2005.