THE EQUALITY Tribunal may only investigate two complaints of discrimination on grounds of sexual orientation by a gay former secondary school teacher and is not entitled to “trawl” through claims relating to alleged similar experiences over several years, the High Court was told yesterday.
Feichin McDonagh, for Co Louth VEC, said it was not seeking to halt the tribunal’s investigation of two complaints made by Pearse Brannigan but the tribunal appeared to be engaged in “reeling back the years” and could not be entitled to widen the scope of its investigation.
He was opening a judicial review challenge before Mr Justice Brian McGovern aimed at preventing the tribunal from investigating a range of claims by Mr Brannigan of being harassed and discriminated against at a Drogheda school over some 10 years on grounds of his sexual orientation. Mr Brannigan claims his health broke down in 2006 and he had to seek early retirement as a result of his treatment.
Co Louth VEC claims the tribunal is entitled to investigate just two complaints made by Mr Brannigan, a former teacher at St Laurence’s VEC in Drogheda, including that, on March 10th, 2006, another colleague had placed a half-peeled banana in a condom in his staff room mail box.
Mr Brannigan claims, when he reported this to the then principal, Mr O’Dowd, he was told: “What do you want me to do about it?” On the same day, Mr Brannigan took sick leave and later secured early retirement on health grounds.
He further claims a colleague tried to assault him “with his fist to my face” in December 2005 but another colleague prevented actual contact by jumping between the two. He claims he operated in a hostile work environment determined by the behaviour of students, staff and management.
In separate High Court proceedings for damages for physical injuries allegedly suffered due to negligence by the VEC, yet to be heard, The VEC has denied all the claims and also denies liability for any alleged injuries.
