I wonder how this will work out for him
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He doesn't get a criminal conviction for standing outside the school gates.
Prison doesn't seem to be a major deterrent for him.
He wouldn't have had any civil consequences if he was prepared to stop there. Remains to be seen if that changes if he's formally dismissed. I wouldn't bet on it.
Depends on whether the area outside the gates is considered part of the school property or not. Nonetheless it's a spurious argument, he's clearly stated that his intent is to attend the school in defiance.
He can't be charged with intending to trespass.
He has to physically cross the line of the school gates, outside that line is not school property.
"In July 2023, Judge Alexander Owens made an order restraining Burke from trespassing at the premises of the school in Multyfarnham, Co Westmeath, but said that he was not prevented from attending outside the school gates."
It is not a spurious argument to point out misinformation.
I assume the outcome of the DAP wont be publically announced as its personal information.
Ok, that's clarified, thanks.
It's no longer about him. It's about sending a message to anyone who challenges the democratic process in the state. We can't have a situation where people go through the legal process, loose and then just continue preventing people going about their daily business as they are entitled to do. I believe the longest imprisonment for contempt was 24 years, looks like he may well go beyond that.
Last time they made a video about it straight away and I expect them to do the same this time.
I know Cregan has hinted at it, but is him being dismissed really enough of an argument to withdraw the order barring him attending the school? Every man and his dog knows he will try and access the school grounds.
Would the school have to take a case against him if its a criminal case? More time and costs for them if they do. Letting him out would just result in a constant cycle of court cases, short prison terms, same again. Leave him rot unless he purges his contempt as far as I'm concerned.
If ever there was a reason to change the rules in relation to firing teachers then this is it. This appeal after appeal etc etc is nonsensical and it should all be streamlined and not be allowed to be dragged out for years. Remember, there was a child at the heart of this issue and their personal identifying gender made a court issue through this numpty and his family roaring and screaming for the last 4 years. Outrageous behaviour and I hope that young person, who has probably graduated from secondary school is okay.
That's the thing- that young person could be half way through college or out working now. Everyone has moved on except the Burkes.
If and when Burke gets formally dismissed from his position and it becomes a criminal trespass matter it changes the optics of his assertion that he is "just turning up for work". Anyone who isn't a gobshite can then see he is just being a pest and what he is trying to achieve has become pointless. So hopefully the media stop giving any kind of attention also.
As someone else said earlier in the thread too, once he starts becoming a criminal, the gloves need to come off. He gets treated like all other criminals and gets put into general population and see how quickly he realises the rules do apply to him, especially around other inmates.
Personally think he should sit in jail until he agrees to purge his contempt, great deterrent for similar actors going forward if they mess around with the courts.
If he has to sit there the rest of his life that's perfectly fine by me, he can at any stage purge said contempt so it's completely on him.
Remember, there was a child at the heart of this issue and their personal identifying gender made a court issue through this numpty and his family roaring and screaming for the last 4 years.
All this just highlights how the Burkes who portray themselves as religious and pious are really just selfish bullies with a huge sense of entitlement. They're not Christian given their uncaring and unforgiving approach to the vulnerable.
Most performative "christians" exhibit no signs of actually understanding their religion.
It was never about religion, the goal was always to have the laws and social norms of the country be subservient to their preferred brand of bigotry and intolerance. Just like all their other actions.
As it stands, he is still on the payroll of the Dept of Education. For that to stop the dismissal decision will have to be rubber stamped. Then he will be like any other Joe Bloggs with no right to be loitering around the school. He can't turn up as a teacher still in the employ of DOE. But he will turn up, that's a given, then the school calls the Gardaí and section 13 public order act is applied. Fined, jailed and a criminal record. Wash, rinse, repeat.
OR, he could turn up at the school in his new job to advise them their drive needs tarmacking or the roof needs attention.
Edited:
I wonder what happens if he stays outside the gates though?
Edit 2: to correct mis-information.
If ever there was a reason to change the rules in relation to firing teachers then this is it.
The process is fine, swift and fair, when entered into honestly. Which is basically all the time, apart from this cretin.
The bully and his awful family are the ones to blame in this, but they were aided by a glacial judiciary who should have never have got involved in the employment portion of the dispute.
Teachers and Principals already have an extra layer of protection to most people in employment.
He had several hurdles of due process to jump. Right up to the Supreme Court if he wanted and maybe even beyond.
Once the HC decided to get involved the flood gates were opened for the Burkes to abuse the system.
So here we are into the 5th of year this nonsense.
As it stands, he is still on the payroll at the school.
Technically he is on the payroll of the department.
The school fired him years ago.
If and when Burke gets formally dismissed from his position and it becomes a criminal trespass
It was already criminal trespass.
He broke the terms of his contract, there is nothing in employment law that entitles anyone to a sit in.
If your employer does not provide work for you, i.e. you are suspended. There is no right for the employee to show up for work.
Why is he still being paid if he's been fired? I know he's appealing,but surely if you've been fired salary should stop until your appeal process is finalised.
Cowardice.
Because he has the exact same rights as everyone else, although he does not think anything of breaching other peoples rights.
Not him in particular but in general. Quite bizzare that you get paid after being fired. Presumably it's just a civil service thing.
If he's still on the payroll of the Department of Education he's not been dismissed, and is entitled to be paid pending the outcome of his case. The same laws and rules apply to him as apply to everyone else in the country.
The current process ensures that a teacher is on the payroll pending the outcome of an appeal. When a teacher appeals and appeals and appeals it drags out what would be a normal process.
Thanks, edited now.
There is nothing in the agreed process that states a teacher has to receive full pay pending appeal.
They may do.
The agreed process between the department and the unions is at best a formal agreement, it has no legislative standing.
Norma Foley when she was Minister was directly asked the question why he was still being paid, she had no answer.
She fobbed it off with care of an employee law obligations which is just complete nonsense and is not law anywhere.
Teachers aren't civil servants.
They're also in the bizarre situation where the various school BOMs hire and fire, and are legally the employer, but the Department runs the payroll and of course pays for it
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