Decision to bar ex-chaplain upheld by court

Thursday 02 August 2018

The former chaplain of Elizabeth College is not going to be allowed on the school's grounds, despite him appealing to the island's Royal Court.

The Royal Court ruled that Dr Robert Harnish would have to follow a decision made by the school to bar him from the premises unless he was specifically invited by the Guernsey Fencing Academy.

Pictured: The Guernsey Fencing Academy, which Dr Harnish has been involved with for many years.

Dr Harnish was dismissed from Elizabeth College at the start of 2016, after 16 years of working at the school as a teacher and Chaplain. Soon after he launched an employment tribunal claiming unfair dismissal, leading to an agreement being signed between the two parties.

Among other things, this agreement ruled Dr Harnish would be treated as any other member of the public, and because of this, when the school refused its former employee access to the school premises, he claimed that contract was being breached. 

In court, the College argued it was allowed to bar any member of the public from its premises as it wished, and the Deputy Bailiff agreed, ruling in their favour.

Pictured: Guernsey's Royal Court building. Dr Harnish's case was heard here.

In his ruling on the case, which was posted online, Mr McMahon said: "I find that it was permissible for the Respondent [the school] to revoke any licence that the Applicant [Dr Harnish] might otherwise have had to access its premises and participate in activities in any of those locations.

"This is because the Respondent is entitled, as a matter of domestic law, to revoke that licence without notice and without offering any explanation. Such a decision could be reached in relation to any member of the public, so the Respondent has not prevented the Applicant from accessing the school premises in any manner differently to how it could choose to treat someone else. The consequence is that the Application is dismissed.

"In my view, both parties now have the benefit of this judgment, meaning that, were the Applicant to trespass on the Respondent's premises, once he has been given a reasonable opportunity to leave, he can then be ejected."

The Deputy Bailiff did add that if the Guernsey Fencing Academy - which operates out of Elizabeth College's sports hall, but was set up by Dr Harnish during his employment at the school - requested him to give individual lessons, he would be allowed to attend. He clarified the Academy had not ever made this request. 

This was something agreed in the contract signed between the school and the applicant. 

A statement from Elizabeth College regarding the case was included within the judgement: "Elizabeth College has become aware that Rob Harnish is still being adversely affected by rumours stemming from his departure last year. We would like to clarify that the circumstances surrounding Rob’s leaving were not due to any unlawful activity or safeguarding matter or unsatisfactory performance on his part.