Minister for Labour v Grace

• Jurisdiction: Ireland
• Court: High Court
• Judgment Date: 01 January 1993
• Docket Number: [1991 No. 196 J.R.]
• Date: 01 January 1993

Minister for Labour v. Grace

The Minister for Labour

Applicant

and

Thomas Grace and Johnston, Mooney and O'Brien Limited (In voluntary liquidation)

Respondents

[1991 No. 196 J.R.]

High Court

Judicial review - Mandamus - Company in voluntary liquidation - Claim by former employee for outstanding holiday pay - Refusal of liquidator to complete certain documentation - Whether mandamus lies against persons or corporations not carrying out a public function - Whether mandamus will lie in respect of a statutory discretion - Whether a judicial discretion to refuse an order of mandamus - Protection of Employees (Employers' Insolvency) (Forms and Procedure) Regulations, 1984 (S.I. No. 356), art. 5 - Protection of Employees (Employers' Insolvency) Act, 1984 (No. 21), s. 6, sub-ss. 6 and 7.

Company - Insolvency - Voluntary liquidation - Claim by former employee for outstanding holiday pay - Refusal of liquidator to complete certain documentation - Whether liquidator under a statutory obligation to complete the documentation - Alternative proceedings available for processing the claim - Whether a judicial discretion to refuse to direct compliance with a statutory obligation - Protection of Employees (Employers' Insolvency) (Forms and Procedure) Regulations, 1984 (S.I. No. 356), art. 5 - Protection of Employees (Employers' Insolvency) Act, 1984 (No. 21), s. 6, sub-ss. 6 and 7.

Statute - Interpretation - Liquidator - Voluntary liquidation - Obligation of "relevant officer" to complete documentation - Whether liquidator in a voluntary liquidation a"relevant officer" - Protection of Employees (Employers' Insolvency) Act, 1984 (No. 21), s. 6, sub-s. 6.

Section 6, sub-s. 6 of the Protection of Employees (Employers' Insolvency) Act, 1984, provides, inter alia, that before the Minister makes any payment in respect of any debt of a company which, for the purposes of the Act, is insolvent to an employee of the company, he shall obtain certain documentation from a "relevant officer" of the company.

Section 6, sub-s. 7 of the same Act entitles the Minister, in exceptional circumstances, where the documentation, following a request, has not been provided, to make the payment in any event.

Article 5 of the Protection of Employees (Employers' Insolvency) (Forms and Procedure) Regulations, 1984, requires a "relevant officer", upon receipt of an application under s. 6 of the Act of 1984, to examine the application and "as soon as may be, forward a copy thereof to the...