Flaherty v Minister for Local Government

• Jurisdiction: Ireland
• Judgment Date: 10 July 1941
• Date: 10 July 1941
• Court: High Court

Flaherty

and

Minister for Local Government

- Composite office of assistant keeper of Courthouse and County Council messenger - Right to pension - Right disputed - Meaning of "officer" - Refusal by the Minister for Local Government to sanction pension - Local Government (Ir.) Act, 1898 (61 62 Vict. c. 37), s. 72, sub-s. 3, s. 83, sub-s. 1, s. 109 - Local Government Act, 1925 (No. 5 of1925), sects. 42, 43, 44, 53.

In January, 1900, the plaintiff was appointed by the Cork County Council as assistant Court House keeper of the Court House at Cork. The Court House, in addition to offices, included the County Court and the City Court. Plaintiff was paid 13s. 4d. per week by the Cork County Council and also received an additional weekly salary from the Cork Corporation in respect of the City Court. In July, 1906, plaintiff was appointed messenger to the County Council and doorkeeper, in addition to his duties as assistant Court House keeper, and his salary payable by the County Council was increased to £1. 0s. 0d. per week together with a livery. In December, 1920, plaintiff's salary was increased by an additional £1 per week to £3, of which increase it was agreed that 6s. 8d. per week should be paid by the Cork Corporation. On the 15th July, 1937, plaintiff was retired by the County Council owing to ill-health, and his salary then was £3 14s. 8d. per week, whereof £2 13s. 4d. was paid by the County Council and £1 1s. 4d. was paid by the Cork Corporation. Plaintiff was paid fortnightly by cheque by the County Council. Plaintiff's duties as County Council messenger included the lodging of the Council's moneys in the Bank, and these sums varied from £500 to £1,500 on an average and many times amounted to between £3,000 and £4,000. Plaintiff devoted the whole of his time to the discharge of his duties as messenger and assistant Court House keeper, and he contended that he was throughout his period of service a permanent officer of the County Council. The County Council resolved that a...