Minister for Labour v Grace
Jurisdiction | Ireland |
Judgment Date | 01 January 1993 |
Date | 01 January 1993 |
Docket Number | [1991 No. 196 J.R.] |
Court | High Court |
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...
To continue reading
Request your trial-
O'Donoghue v Judge Keyes
...expressed. So Sheehan offers no basis on which to refuse the order for mandamus now sought. G. The Minister for Labour v. Grace [1993] 2 I.R. 53 28 In Grace, the Minister sought an order of mandamus directing a liquidator to complete a form that would facilitate the payment of holiday pay t......
-
Doherty v South Dublin County Council (No 2)
...EHRR 18 CODONA v UNITED KINGDOM UNREP ECHR 7.2.2006 ABENGLEN PROPERTIES LTD, STATE v DUBLIN CORPORATION 1984 IR 381 MIN LABOUR v GRACE 1993 2 IR 53 D (T) & ORS v MIN EDUCATION & ORS 2001 4 IR 259 2001/5/1050 Abstract: Planning and environmental - Travelling community - Caravan accommodati......
-
Dillon v The Board of Management of Catholic University School
...Court will not exercise its supervisory jurisdiction in vain. This much is clear from decisions such as Minister for Labour v. Grace [1993] 2 IR 53 and Barry v. Fitzpatrick [1996] 1 ILRM 512. In the latter decision, the Supreme Court upheld the finding of Keane J. to the effect that 'an or......
-
O'Donovan v Board of Management of De La Salle College Wicklow and Others
...2003 2 ILRM 210 2003/12/2484 O'BRIEN v JUSTICE MORIARTY 2006 2 IR 221 2005 2 ILRM 321 2005/45/9458 2005 IESC 32 MIN FOR LABOUR v GRACE 1993 2 IR 53 1993/4/1076 BARRY v FITZPATRICK & HOGAN & DPP 1996 1 ILRM 512 1995/15/3832 EDUCATION (WELFARE) ACT 2000 S21(5) EDUCATION (WELFARE) ACT 2000 ......