The case of a woman who is suing the Eastern School District was in P.E.I. Supreme Court Tuesday as lawyers for the district tried to have it dismissed.
E. Jo-Anne Lanigan is seeking damages from the district after it allegedly refused her application for a job at the vice-principal level or as a guidance counsellor.
During a motion hearing in Charlottetown, Lynn Murray, one of the district’s lawyers, argued Lanigan’s claims were subject to the P.E.I. Teachers’ Federation’s collective bargaining agreement and should be dealt with through it.
Lanigan, who was a vice-principal at Dundas Consolidated School until it closed, filed her initial statement of claim in December 2011in which she sought reinstatement as an administrator at the vice-principal level, along with other damages.
She filed an amended claim in February 2012.
Lanigan started working at Donagh Regional School in 2009 as a vice-principal and teacher.
Among her allegations were claims a special needs student’s parents challenged her integrity and competence in numerous incidents at the school, the district office and within the community, all without any intervention from the district.
Lanigan claimed an investigation led to her unjust removal as vice-principal.
The district denied Lanigan’s allegations and none of them have been proven in court.
Murray argued a grievance review board should have jurisdiction over Lanigan’s claims.
She also said provincial legislation binds teachers and the school board to their collective bargaining agreement.
James MacNutt, one of Lanigan’s lawyers, said she has a right to take her claims to court and nothing in provincial legislation nullifies that right.
Justice Wayne Cheverie adjourned to take the matter under advisement and said he will issue his decision at a later date.