Human Rights Law

The case involved a claimant who was a sessional music assistant in a certain school. His dismissal from school was done after inappropriate accusations were formed against him for having sexual relationship with a 15 year old school boy in the school. Disciplinary proceedings were instituted by the school to determine the case. The claimant’s solicitor advised him not to take part in the school investigations until the police had done their investigations conclusively. The investigations that carried out pointed to the fact there was strong evidence that the allegations were actually true. Before the hearing could take place, the claimant had to be informed of his right to a fair representation from a trade union or from a work colleague. The claimant was not a unionized member. Therefore, he was to be represented by his lawyer. The school could not agree to this and as a result, the claimant attended the hearing in the company of his father. The claimant believed that the proceedings in the case were unfair and therefore, he refused to answer or ask any questions. The panel found out that the claimant had formed an inappropriate relationship with the 15 year boy who in their opinion constituted a gross misconduct and therefore, they instituted a disciplinary action which involved dismissal.

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