Mulloy v Minister for Education

JurisdictionIreland
Judgment Date19 June 1975
Date19 June 1975
Docket Number[1972 No. 3403 P]
CourtSupreme Court
(S.C.)
Mulloy
and
Minister for Education

School teacher -Scheme for salary increments - Benefit of scheme restricted to lay teachers - Discrimination on ground of religious status - Validity of regulations - Constitution of Ireland, 1937, Article44.

The first defendant made certain rules governing the conditions that had to be satisfied by teachers at secondary schools in Ireland in order to qualify for benefits under a scheme for the payment of salary increments to such teachers. Although the scheme provided that the incremental salary of a teacher should depend upon the length of his teaching service, the rules stated expressly that no teacher had a right to receive payment of incremental salary which was subject to the absolute discretion of the first defendant. The first defendant amended the scheme by providing that certain teaching service abroad should be treated as teaching service under the scheme, but the amendment was confined to teaching service abroad given by "a lay secondary-school teacher." The plaintiff was a priest and a secondary-school teacher who had served abroad in foreign missions as a teacher. In considering whether the plaintiff was qualified to receive incremental salary under the scheme, the first defendant had...

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6 cases
  • The Employment Equality Bill, 1996
    • Ireland
    • Supreme Court
    • 15 Mayo 1997
    ... 1891 AC 531 BARRINGTONS HOSPITAL V COMMISSIONERS OF VALUATION 1957 IR 299 WORTH LIBRARY, IN RE 1995 2 IR 301 MULLOY V MIN FOR EDUCATION 1975 IR 88 MCGRATH & O RUAIRC V TRUSTEES OF MAYNOOTH COLLEGE 1979 ILRM 166 AMERICAN CIVIL RIGHTS ACT 1964 CORPORATION OF THE PRESIDING BISHOP OF THE C......
  • McNally and Another v Ireland and Others
    • Ireland
    • High Court
    • 17 Diciembre 2009
    ...v Trustees of the College of Maynooth [1979] ILRM 166, O'Leary v Attorney General [1995] 1 IR 254 and Mulloy v Minister for Education [1975] IR 88 applied - Charities Act 2009 (No 6), ss10 and 99 - Constitution of Ireland, 1937, Articles 38.1, 44.2.1, 44.2.3 and 44.2.5 - Claim dismissed (......
  • Madigan v Attorney General
    • Ireland
    • High Court
    • 20 Diciembre 1983
    ...BORD UCHTALA 1966 IR 567 MURTAGH PROPERTIES V CLEARY 1972 IR 332 BRENNAN V AG & WEXFORD CO COUNCIL 1983 ILRM 449 MULLOY V MIN FOR EDUCATION 1975 IR 88 BLAKE V AG 1982 IR 117 1981 ILRM 34 AG V SOUTHERN INDUSTRIAL TRUST LTD 94 ILTR 161 ART 26 & OFFENCES AGAINST THE STATE (AMDT) BILL 1940, IN ......
  • Elijah Burke v The Minister for Education and Skills
    • Ireland
    • Supreme Court
    • 24 Enero 2022
    ...[1982] I.R. 241, which of course concerned statutory provisions, and no different test was applied. In Mulloy v. Minister for Education [1975] I.R. 88 the Supreme Court held that the provisions of a scheme promulgated by the Department of Education impermissibly discriminated on grounds of ......
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2 books & journal articles

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