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Eileen Flynn case

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Eileen Flynn (1955 – 9 September 2008) (married name Eileen Flynn Roche) was a schoolteacher in County Wexford, Ireland, who was dismissed in 1982 for cohabiting with a married man.[1] In 1985, the High Court ruled this did not constitute unfair dismissal.[2][3]

Dismissal

Flynn was raised a Roman Catholic, and graduated from University College, Galway.[4][5] She began teaching Irish and history in 1978 at the Holy Faith Convent in New Ross, a girls' Catholic school run by the Sisters of the Holy Faith.[4] In 1980–81, she began a relationship with Richie Roche, a separated father of three who ran a pub in the town.[3][6][5] Divorce was illegal in Ireland at the time. The school principal warned her that parents had complained of the scandal and that she would be sacked if she continued;[6] Flynn maintained that her private life was not the school's business.[7] In November 1981 Flynn moved into Roche's house and in April 1982 announced her pregnancy to the new principal, Sister Mary Anna Power, who offered to arrange for her to give birth in London and put the child up for adoption.[8][5] The same month the school manager said that she would be dismissed unless she changed her "lifestyle".[8] Flynn gave birth in Ireland on 6 June 1982 and determined to raise the child with Roche.[5][9] On 6 August, the manager said that because of her "open rejection of the norms and behaviour and the ideals which [the] school exists to promote" she must resign or be dismissed.[10] She refused to resign and was dismissed on 22 August with effect from 20 November.[11]

Court cases

On 29 August 1982, Flynn told the principal she had contacted a solicitor and would contest the dismissal.[12] In March 1983, she took her case to the Employment Appeal Tribunal, alleging unfair dismissal under the Unfair Dismissals Act, 1977, which prohibits pregnancy discrimination.[13] In February 1984, the tribunal rejected her appeal.[11] She appealed to the Circuit Court,[11] where two parents of students testified at having made written complaints about Flynn to the school.[5] Judge Noel Ryan upheld the tribunal verdict, commenting that the nuns had been too lenient with Flynn.[5] On 8 March 1985 in the High Court, Declan Costello upheld Ryan's verdict, on the basis that her dismissal was not due to her pregnancy per se but rather to her non-marital relationship.[14] Flynn could not afford an appeal to the Supreme Court.

The case was the subject of much media comment and public controversy in the period.[15][5][16] Colm Tóibín described the reports on the Gay Byrne Show as reminiscent of a Thomas Hardy novel.[17] Feminist and liberal commentators at the time and in retrospect have seen it as one of a series of events illustrating a conservative Catholic society unsympathetic to women; others include the 1981 Kerry Babies case, the 1983 abortion referendum, the 1984 death of Ann Lovett, the 1985 moving statues, and the 1986 divorce referendum.[18][17][19][5]

Flynn was not a member of the Association of Secondary Teachers of Ireland (ASTI) union; an ASTI official later suggested members would have have mixed feelings about supporting her case.[18] The Unfair Dismissals Act 1977 has been amended since 1985;[20] however, Flynn herself,[21] as well as political[18][22] and legal commentators,[23] have contended that it would not prevent a similar dismissal being upheld.

Subsequent life

Flynn later give birth to a second child as well as raising Roche's three previous children.[18][5] The couple ran public houses and married in a civil ceremony on 8 September 1997,[5] the year divorce was legalised in Ireland after a 1996 referendum. Eileen Roche resumed teaching about 2005.[18][5] She died suddenly on 9 September 2008 and her funeral was held on 12 September 2008.[24][3][25]

See also

References

Sources

  • Flynn v. Power [1985] IEHC 1, [1985] IR 648 (8 March 1985)
  • Upton, John (1995). "Teachers Contracts of Employment: A Perspective from the Irish Courts". Law & Justice — The Christian Law Review. 124/125: 54.
  • Whyte, Gerry (2005). "Protecting Religious Ethos in Employment Law: A Clash of Cultures". Dublin University Law Journal. 27: 169.

References

  1. ^ [1985] IEHC 1, sec.10
  2. ^ [1985] IEHC 1, sec.19
  3. ^ a b c "Eileen Flynn, teacher sacked in 1982, dies". The Irish Times. 11 September 2008. Retrieved 13 September 2008.
  4. ^ a b [1985] IEHC 1, sec.2
  5. ^ a b c d e f g h i j k Maeve Sheehan (14 September 2008). "Teacher who learned the hardest lesson". Sunday Independent. Retrieved 27 May 2016.
  6. ^ a b [1985] IEHC 1, secs.2,3
  7. ^ [1985] IEHC 1, secs.2,16,18
  8. ^ a b [1985] IEHC 1, sec.4
  9. ^ [1985] IEHC 1, sec.6
  10. ^ [1985] IEHC 1, sec.7
  11. ^ a b c [1985] IEHC 1, sec.1
  12. ^ [1985] IEHC 1, sec.8
  13. ^ [1985] IEHC 1, secs.1,10; "Unfair Dismissals Act, 1977, Section 6". Irish Statute Book. Retrieved 27 May 2016.
  14. ^ [1985] IEHC 1, secs.10,19
  15. ^ Justine McCarthy (14 September 2008). "The heroic legacy of Eileen Roche". Sunday Tribune. Retrieved 13 September 2008.
  16. ^ "Dáil Éireann – Volume 362 – 3 December 1985 Ceisteanna—Questions. Oral Answers. – Unfair Dismissals Act". Retrieved 13 September 2008.
  17. ^ a b Toibín, Colm (1984). "Gay Byrne: Irish Life as Cabaret". The Crane Bag. 8 (2: Media and Popular Culture). Richard Kearney: 65–69: 67–68.
  18. ^ a b c d e "RTÉ Radio 1: Documentary on One- Dismissal of Eileen Flynn - New Ross School Teacher". RTÉ.ie. 5 October 2010. Retrieved 27 May 2016.
  19. ^ "Should we lose faith". Irish Independent. 4 February 2006. Retrieved 28 June 2010.
  20. ^ "Unfair Dismissals Act 1977". Revised Acts. Law Reform Commission. 18 January 2016. Retrieved 27 May 2016.
  21. ^ "Seanad Éireann – Volume 150 – 20 February 1997 Employment Equality Bill, 1996: Second Stage". Retrieved 13 September 2008.
  22. ^ "Seanad Éireann – Volume 150 – 12 March 1997 Employment Equality Bill, 1996: Report Stage (Resumed) and Final Stage". Retrieved 13 September 2008.
  23. ^ Bolger, Marguerite (23 October 2003). "Discrimination on Grounds of Religion: Theory and Practice" (PDF). Retrieved 13 September 2008. {{cite journal}}: Cite journal requires |journal= (help); Unknown parameter |conference= ignored (help)
  24. ^ "Death notice". Retrieved 13 September 2008.
  25. ^ "Hundreds bid farewell to Eileen Flynn Roche". New Ross Standard. 18 September 2008. Retrieved 9 June 2009.
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