I wonder how this will work out for him
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No, he is on disciplinary leave pending the resolution of the dispute case. He's still being paid.
I don't know what is holding up the dispute case. EB has has held it up on a few occasions, but this whole thing could(read might) be resolved if they got their fingers out and made a ruling.
He has been sacked. The only thing outstanding is the Disciplinary Appeal Panel.
The whole thing is crazy, if he is the one bringing the appeal then surely he shouldn't be allowed to hold it up.
And shouldn't his current status be that he is fired as per the initial hearing? until any such time that this is overruled by a higher appeal process.
that article is 2 years old. he appealed that decision so his sacking was stayed until his appeal is heard.
That article is from the day it actually happened.
He was dismissed by WHS, and while he had the right to appeal (as stated in the article) he was still dismissed.
Dismissed = sacked.
Then why is he still being paid?
Appeal not heard yet.
I hope he's putting the maximum allowed in AVCs into his pension - he's going to need it.
He is technically still on administrative leave. This was confirmed in one of the court hearings last year.
Dismissal has to be rubber stamped or over turned by the appeal.
TBH I said previously I can see why the school are still processing his wages, they don't want to be left with that liability if by some miracle a court down the line decides he was entitled to pay.
Of course the school could have been let off the hook in this regard if the department refused to sanction the payments.
Burke is exploiting grey areas and pushing boundaries that were never meant to be tested in such a way, the problem for the school is the state are too cowardly to challenge him in the grey and have made it the schools problem.
It does appear though the school are trying a different tactic than before. Bore from frustration and costs.
Also I imagine down the line there may be an order for the wages to be repaid, hopefully the school tell the department to go fish.
yes, the day it happened, 2 years ago. he subsequently appealed that decision that put a stay on the dismissal. what part of that do you not understand?
There is a line in, I think Ocean's Eleven, where Julia Roberts says something like "Your problem is you have only ever met people like you".
I think EB's problem is he has only ever been treated fairly in the extreme all through this process.
He verbally attacked the principal of the school at a social event, to the point people had to stand in between them. Practically anywhere else that would be immediate termination. Good night Vienna. Instead it went to a disciplinary hearing while he was suspended. Its now, 2-3 years later being appealed.
Then he started turning up to the school after being asked not to, he kept doing it. The Gardai got involved, but he kept doing it. It went to the High Court, they got an injunction to stop him, at every turn he has been given an opportunity to stop.
He got sent to prison, and has been let out 3 times despite not agreeing to purge his contempt. And then went straight back to the school. He has fines numbering in the hundreds of thousands but AFAIK has made no move to pay any of it yet.
The judiciary has been lenient in the extreme. Yes they sent him to Mountjoy but they also let him out for Christmas.
If this was me, I doubt I would get the same lenient treatment.
On what basis?
He is paid by the Department of Education, not the school.
I understand that being dismissed from a job means you've been sacked, even if an appeal hearing is pending.
But if you're going to be rude, I'm not going to bother. I don't do that anymore.
Is that definite? Or is his salary funded by the Dept but paid by the school or Diocese? I'm fairly sure that my OH is paid by the relevant ETB, not the Dept.
Not 100% sure, tbh. Heard it from a NS teacher I know.
What now? He clearly is ignoring court orders to purge contempt….when does the law decide this cannot go on indefinitely and come up with another solution to his contempt? The law is NOT working or winning here, as he is still flouting it….society needs to see an end line, and that line is at present nowhere to be seen.
At a guess, the basis would be his delaying of due process was found to be vexatious.
If an appeal is pending, and he is still getting paid, it is in his interest to delay the appeal going forward for as long as possible. Which is a ridiculous situation. It's like something out of Little Britain.
He objected to one of the members of the appeals board having some affiliation so that delayed it further.
I'm aware, thanks.
What use to happen unless it has changed, The Department have a payroll division that issue the salaries directly to teachers (not all teachers or staff) directly.
It's up to the school and in some instances the teachers to inform them of a change of circumstance that may effect their pay.
They are paid fortnightly, 2 weeks in advance or maybe whatever the opposite of advance is, I can't remember.
The school have not told the payroll division to stop processing Processing Burkes wages.
I dunno, I think it is working for the most part. Once he goes back to prison he's out of everyone's way. I don't really see the issue with letting it go on indefinitely if that's what he wants.
Yes, and then he's back out and straight away being in contempt and back in everyone's way. That is not law and order and justice. Surely the school itself must be fed up to the back teeth of him. Huge part of law and order is to protect and to act as a deterrent…..it's doing neither here, because he is still flouting, and he's absolutely not being deterred.
It must be costing the school thousands every time they have to go back to the court to get it to enforce the order the court imposed on Burke, but then decided to release him despite him having no intention of complying with that order.
He should never be let out again without a solemn undertaking to obey the orders of the court.
This whole situation is grossly unfair on the school, its staff, the parents and the pupils of WHS, none of whom have done anything wrong, but the courts are letting all of them down badly.
Nobody but nobody should be allowed to set one foot inside the grounds of a school without implicit or explicit permission of the principal and this should be made a criminal offence. Same for harassing, intimidating or video recording at a school. We have legislation to protect surgeries and hospitals from nutcases, we need to extend it to schools.
If he's still on the school system as a teacher, then a substitute teacher has to be paid in his absence.
The school has to record his absence in order for the sub to be paid.
I wonder is the whole fiasco having any effect on enrolment numbers? A respected school no doubt but parents must be thinking twice about sending their kids into that environment with the neverending circus around it.
He isn't "absent", he has been placed on administrative leave.
Not to mention potential staff wanting nothing to do with it.
that is a very high bar that they would struggle to meet.
I imagine so.
But there is only one way to find out.
We are not talking small amounts here.
we're not but to my mind the chance of success is very low. it would be throwing good money after bad.
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