Hickey v Eastern Health Board

JurisdictionIreland
JudgeFINLAY C.J.
Judgment Date01 January 1991
Neutral Citation1990 WJSC-SC 1949
Docket Number[1987 No. 309 J.R.],56/88
CourtSupreme Court
Date01 January 1991

1990 WJSC-SC 1949

THE SUPREME COURT

Finlay C.J.

McCarthy J.

O'Flaherty J.

56/88
HICKEY v. EASTERN HEALTH BOARD
ANNIE LORETO HICKEY
Applicant/
Appellant

and

THE EASTERN HEALTH BOARD
Respondent

Citations:

HICKEY V EASTERN HEALTH BOARD UNREP HIGH 28.1.1988

MAUNSEL V MIN FOR EDUCATION 1940 IR 213

RIDGE V BALDWIN 1964 AC 40

GLOVER V BLN LTD 1973 IR 388

WESTERN HEALTH BOARD V QUIGLEY 1982 ILRM 390

GARVEY V IRELAND 1981 IR 75

FLYNN V AN POST 1987 IR 68

MINIMUM NOTICE AND TERMS OF EMPLOYMENT ACT 1973

LOCAL GOVT (SUPERANNUATION) ACT 1956

HEALTH ACT 1970

Synopsis:

EMPLOYMENT

Termination

Validity - Nurse - Redundancy - Health board employee - Officer - Temporary appointment - Reasons for termination irrelevant - Health Act, 1970 - (56/88 - Supreme Court - 20/7/90) - [1991] 1 I.R. 208

|Hickey v. Eastern Health Board|

WORDS AND PHRASES

"Officer"

Health board - Employee - Nurse - Status - Employment - Termination - Temporary appointment - Absence of right to a hearing of submissions - (56/88 - Supreme Court - 20/7/90)

|Hickey v. Eastern Health Board|

1

JUDGMENT delivered on the 20th day of July 1990by FINLAY C.J. [NEM DISS]

2

This is an appeal by the Applicant against the dismissal by Gannon J. in the High Court on the 28th January 1988 of her application by way of judicial review for an Order of Certiorari to quash the decision made by the Respondents to terminate her employment as and from the 5th June 1987, and for damages.

The facts
3

The Applicant is a qualified State Registered Nurse, having qualified in the year 1955. In August 1980 she was engaged by the Respondent as a part-time temporary staff nurse at St. Colmcille's Hospital, and since that time, prior to June of 1987, had worked approximately 30 hours a week, each week, apart from holidays. It would appear that the Applicant was employed during this period for successive terms of three months, renewed from time to time. There was exhibited by the Affidavit filed on behalf of the Respondents a document entitled "Statement for Officers, Minimum Notice and Terms of Employment Act 1973", which is dated the 20th October of 1986 and which purports to inform the Applicant of the terms and conditions under which she is employed as a staff nurse from the 1st October 1986 to the 31st December 1986 or until other arrangements are made, whichever is the earlier. This notice is in the following terms:

"STATEMENT FOR OFFICERS
4

Minimum Notice & Terms of Employment Act, 1973

5

In this statement under the above Act the Eastern Health Board gives you Annie Hickey particulars of the terms and conditions under which you are employed as a Staff Nurse from 1/10/86 to 31/12/86 or until other arrangements are made, whichever is the earlier. You will be paid weekly/fortnightly/monthly, the rates being those negotiated from time to time with the recognised Staff Associations/Trade Unions concerned and appropriately sanctioned. Your normal working week, i.e. the starting and finishing times and duty days are as notified to you by the head of your section. Your entitlement to holidays with pay is governed by the current agreement negotiated between the Health Board and Trade Unions or Staff Associations and appropriately sanctioned.

6

There is provision for sick pay in accordance with Department of Health Circular 10/71 of 29 March 1971. Provision is made for pensions and where applicable is in accordance with the Local Government (Superannuation Act, 1956).

7

Except in circumstances justifying immediate dismissal, you are entitled to receive:

8

One week's notice of termination of employment after 13 weeksservice;

9

Two weeks" if employed between two and five years; Fourweeks" if between five and ten years;

10

Six weeks" if between ten and fifteen years; and Eightweeks" if you are employed for more than fifteen years.

11

Upon the expiry of this period, namely, the 31st December 1986, it would not appear that any further notice was served on the Applicant but she was continued in her employment

12

The Hospital Administrator of the Respondents, Mr. Hempenstall, wrote to the Plaintiff a letter dated 7th May 1987 in the following terms:

"7th May, 1987

Ms. A.L. Hickey,

Staff Nurse,

50 Glencara Park,

Glenageary,

Co. Dublin.

Dear Ms. Hickey,

Due to Government Embargo on the non-filling of vacancies and the Board's reduced Budget allocation it is necessary to terminate the employment of a number of staff. I regret therefore, to advise you that your employment will terminate at close of duty on 5th June,...

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