Enoch Burke is still being paid his full teacher’s salary, amid “credible” concerns about the disciplinary process against him. 

The school teacher was suspended by Wilson’s Hospital School in 2022, after he publicly confronted the principal about an email informing staff about a transgender student’s change of name and pronouns. 

A disciplinary process was initiated against Mr Burke but the German and history teacher continued to turn up at the school, insisting on his right to teach students. 

Lengthy periods in prison for contempt of court have followed, but Mr Burke continues to receive a wage for despite doing no work whatsoever. 

On The Claire Byrne Show, Irish Independent Legal Affairs Editor Shane Phelan explained why he remains a Department of Education employee. 

 “Enoch Burke was dismissed by the school for gross misconduct in January 2023,” he said. 

“Despite that, he's still on the Department of Education payroll; that's because there is an appeals process provided for. 

“You can, in situations like that, teachers can appeal to what's known as a Disciplinary Appeals Panel and it's made up of people from various bodies.” 

Enoch Burke arrives in the Four Courts in Dublin. Picture by: Sam Boal/RollingNews.ie.

With the appeals process yet to conclude, Mr Burke is still employed by the Department of Education. 

However, at present, his salary is being diverted to pay for his contempt of court fines and trespassing damages. 

“One of the reasons is because the Disciplinary Appeals Panel process hasn't concluded,” Mr Phelan added. 

“Enoch Burke took a challenge to a previously constituted DAP panel, went through the High Court and all the way to the Court of Appeal, where he won his case. 

“That meant that a previous panel had to be disbanded.”

Enoch Burke attempts to return to school. Picture by: Conor O'Mearain/RollingNews.ie.

A new panel was reconstituted and met last December. It was due to deliver its conclusions in January but a number of its members have since resigned, meaning it can no longer consider the case. 

Following its December meeting, Mr Burke’s legal team alleged there were flaws in the panel’s procedure. 

“He claimed that the hearing ended abruptly and prematurely,” Mr Phelan continued. 

“That no proper cross-examination of witnesses was allowed and that the panel refused to receive a series of affidavits that he had in relation to what he claimed were errors in a disciplinary report that was prepared by the school's principal way back at the time he was suspended. 

“Now, it would appear that these concerns that he's raised, you know, do have some merit to them.

“The judge who's been most recently kind of hearing issues related to this in the High Court, Mr Justice Brian Cregan, he said that Enoch Burke had raised substantive and credible issues in the filings against the DAP.” 

Enoch Burke leaving Wilson's Hospital School. Picture by: Sasko Lazarov/RollingNews.ie

It means the lengthy legal saga is set to continue - and Mr Burke’s salary will continue to be paid for the foreseeable future. 

“I think the only way out of it is that they actually do get another panel together and get on with it,” Mr Phelan said.  

Mr Burke was returned to Mountjoy Prison last month, after he made another unsuccessful attempt to gain entrance to Wilson’s Hospital School following the Christmas holidays.

Main image: Enoch Burke. Picture by: Sasko Lazarov/RollingNews.ie