A NATIONAL school deputy principal who was out on paid sick leave for more than 365 days in four consecutive years has lost her High Court challenge to a decision by her school's board of management requiring her to undergo an independent psychiatric assessment to ascertain her fitness to resume work in early 2006.
Ms Justice Mary Irvine also rejected Kathleen Fitzpatrick's claim that the Department of Education was not entitled to stop paying her salary from March 2006 on grounds she had then exceeded the time permitted under national school rules for paid sick leave - 365 days in four consecutive years.
The judge noted Ms Fitzpatrick, vice-principal of St Mary's national school, Touraneena, Co Waterford, was on sick leave for 272 days from September 2003 to January 2006 and, after she refused to consent to independent medical examination in February 2006, remained out of work until March 2006, when she exceeded the 365-day period.
The judge ruled the school board of management was entitled in January 2006 to invoke a Department of Education circular - Circular 10/2005 - to require Ms Fitzpatrick to attend for independent psychiatric assessment and rejected her claims that the board had acted out of sinister or improper motives, including to deter her from bringing a claim for damages for alleged bullying and harassment.
The judge noted the board was not given Ms Fitzpatrick's medical certificates as these were sent directly by her to the Department of Education. The board was accordingly unclear as to the medical grounds of her illness and believed it was stress related.
The right of school boards to invoke the circular was understandable because long absences by teachers brought serious complications for the daily management of schools and for the education needs of pupils, the judge said. A board also had the right to query the health of a teacher even where they had not taken sick leave, she added.
Arguments by Ms Fitzpatrick that the board was not entitled to seek an independent medical examination because certificates from Ms Fitzpatrick's doctors had been provided were not sustainable, the judge added. Nor did the fact that the public service's chief medical officer had also provided a certificate prohibit the board, as this officer was operating only on evidence from Ms Fitzpatrick's doctors.
It was "logical" a board must have extensive knowledge of matters which might impact upon a particular teacher's abilities which were unknown to the department, she added.
The judge noted the certificates produced by Ms Fitzpatrick had stated she was fit to resume work in a "stress free" environment and that her psychiatrist also stated her medical problems were likely to recur if alleged interpersonal difficulties experienced by her at school continued.
The board had expressed concerns that the role of a vice-principal was inherently stressful, the judge said.
It was therefore understandable for it to seek a medical examination to find out if Ms Fitzpatrick's health would withstand a return to the same environment which allegedly had caused her to suffer ill health.
Ms Fitzpatrick was in "the fortunate position" the Minister had not withdrawn her recognition as a teacher as he was entitled to do for failing to comply with the board's request to attend for independent medical assessment.
Ms Justice Irvine was giving her reserved judgment on proceedings by Ms Fitzpatrick against St Mary's board of management and the Minister for Education.
