The school teacher was suspended from Wilson's Hospital School last year.
The High Court has paved the way for Wilson's Hospital School in Co Westmeath to go ahead with its planned disciplinary meeting tomorrow in relation to Enoch Burke.
Mr Burke was suspended from his teaching duties as a result of alleged misconduct arising from his refusal to address a transitioning student by a new name.
The disciplinary meeting is due to take place in Mullingar tomorrow but Enoch Burke went to the courts to try and put a stop it.
Yesterday, the judge concluded that he had satisfied the standard for such an injunction because the report into his alleged misconduct was prepared without giving him a chance to respond, and due to the fact it was read and discussed at a board meeting he wasn’t invited to attend.
However, the judge also indicated that he would refuse the application if Mr Burke didn’t agree to comply with court orders refraining him from attending at the school.
He was given an opportunity to sleep on it and when the case was mentioned again this morning, Mr Burke made it clear he couldn’t comply with previous court orders.
“It defies logic,” he said before adding that accepting them was something he couldn’t do.
Having heard that, and on the balance of justice, the judge then refused his application.
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