A LIBRARIAN with the Dublin Institute of Technology (DIT) has secured a High Court order quashing a decision by the Minister for Education to dismiss her arising from alleged insulting language used in e-mails to colleagues.
Mary Davis, of Maxwell Road, Dublin, who is also a barrister, brought the action against the Minister with the DIT as a notice party, over her dismissal on April 29th, 2008. She said her dismissal breached her constitutional rights, was unlawful, invalid and made outside the Minister’s jurisdiction.
On the third day of the case yesterday, after talks between the sides outside court, Feichin McDonagh SC, for Ms Davis, told Mr Justice John Hedigan all the matters had been resolved. On consent of the parties, the judge granted an order quashing the Minister’s decision. Mr McDonagh said other provisions had been agreed, but no court order was necessary as these matters had been resolved, including costs.
The court was told Ms Davis started employment as a senior librarian in the City of Dublin Vocational Education Committee Library Service in 1984 and in September 1997 became a faculty librarian at the DIT. It was claimed, between August 15th and 21st, 2001, complaints were received by the DIT relating to the alleged sending by Ms Davis of e-mails to colleagues. After investigations, she was dismissed by order of the Minister.
Mr McDonagh told the court his client’s professional duties were very satisfactory, but the genesis of the events related to the e-mails concerning her attendance and entitlement to attend a training course. The court was told the alleged e-mails included language that was deemed insulting and offended a number of individuals.
Ms Davis said in an affidavit there were some difficulties with a “small clique” of staff. She alleged they orchestrated complaints of alleged misconduct against her concerning e-mails she sent.