Chambers and Others v Mayo Mental Hospital and Mayo County Council

• Jurisdiction: Ireland
• Judgment Date: 01 January 1930
• Date: 01 January 1930
• Court: High Court (Irish Free State)

High Court.

Chambers and Others v. Mayo Mental Hospital & Co. Council.

FRANCIS CHAMBERS and Others

Plaintiffs

and

THE COMMITTEE OF MANAGEMENT OF THE MAYO MENTAL HOSPITAL and the MAYO COUNTY COUNCIL, Defendants (1)

Local Government - Mental Hospital - Remuneration of offices - Proposed reduction - Powers of Committee of Management - Contract of service - Breach of contract - Interpretation Act, 1889 (52 & 53 Vict. c. 63),sect. 32, sub-sect. 1 - Local Government (Ir.) Act, 1898 (61 & 62 Vict.c. 37), sect. 84 - Local Government (Temporary Provisions) Act, 1923,sect. 15, sub-sects. 1 and 2.

Appeal from the Circuit Court.

Each of the three plaintiffs—Francis Chambers, shoemaker, Patrick Concannon, slater and plasterer, and Richard O'Donnell, carpenter—brought a civil bill against the Committee of the County Mayo Mental Hospital to recover a sum of £56 15s. 6d., claimed to be due to him in respect of arrears of wages. The three civil bills were heard at Castlebar by Judge Wyse Power on the 14th November, 1927.

The three plaintiffs were, by resolutions, dated respectively 13th September, 1898, 12th July, 1898, and 18th April, 1913, appointed in their above-mentioned capacities by the County Mayo Mental Hospital Committee at annual salaries, payable monthly. On 1st September, 1926, the committee served upon each member of their staff a notice in the following terms:—"The Mayo Mental Hospital Committee hereby give you notice that as and from the 1st day of October, 1926, your salary and

ration allowance on days off will be altered in accordance with the undermentioned scale:—

(1) All basic salaries (1914) not increased by more than 75 per cent. since 1914 be left untouched.

(2) That all increases of salary since 1914 over 75 per cent. be reduced by 50 per cent. of increase over the 75 per cent.

(3) By basic salary is meant salary of the office as at 1st April, 1914.

(4) That when the question of emoluments arises: first, that 75 per cent. be added to the 1914 salary, and add the 1925 emoluments when the 75 per cent. is added.

(5) All other allowances and emoluments, save as altered by above, will remain unchanged."

On 17th September, 1926, two letters were written to the chairman of the Mayo Mental Hospital Committee, one by Stephen Walsh, a member of the hospital staff, stating that he was instructed by the staff to ask the chairman to receive a deputation in connection with the proposed reduction in their salaries; and the second, which was signed by the three plaintiffs, stated that they, as members of the trades staff, wished to make a proposal to the Committee of Management in reference to the contemplated reduction in their wages, and that they were prepared to accept a reduction of 5 per cent. on their present rates.

On the 30th September, 1926, the Hospital Committee held a special meeting for the purpose of considering what reduction should be made in the wages of the staff. At this meeting the committee met a number of the members of the various grades of employees, and a discussion took place regarding the proposed reductions. Subsequently, on the same date, a resolution in the following form was passed by the committee:—"Resolved: That the resolution passed at the meeting held on the 20th August last, putting the Ballinasloe scheme into operation from 1st October, be rescinded, and that the following be put in force instead, viz.:—Resolved: That the wages of the staff be reduced by 10 per cent. on what they are now receiving, and that the hours of work be 60 per week, instead of 55, as heretofore. That the reduction commence from the 1st November, 1926...