Re McEneaney v Minister for Education

JurisdictionIreland
Judgment Date17 December 1941
Date17 December 1941
CourtSupreme Court
(H.C., S.C.),
McEneaney
and
Minister for Education

Contract of service with Commissioners of National Education -Rules of Commissioners as to payment of increments of salary - New rules changing conditions required to qualify for increment - Binding effect of new rules on teacher appointed under antecedent rules

By an agreement, dated the 1st June, 1920, plaintiff was employed as principal teacher by the Manager of a National School and his remuneration was expressed to be provided for in the following terms:—"The salary and emoluments of the teacher are to be as follows: National Board's grant." Subsequently, in 1928, plaintiff was appointed by the same Manager to the position of principal teacher of another National School under the control of the said Manager and entered into an agreement with him in terms substantially the...

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10 cases
  • O'Keeffe v Hickey and Others
    • Ireland
    • Supreme Court
    • 19 Diciembre 2008
    ...- Whether broader policy rationales should be taken into account - Fox v Higgins (1912) 46 ILTR 222, McEneaney v Minister for Education [1941] 1 IR 430, Moynihan v Moynihan [1975] 1 IR 192 and Crowley v Ireland [1980] IR 102 followed; Trotman v North Yorkshire County Council [1999] LGR 584 ......
  • Minister for Education and Skills v Boyle
    • Ireland
    • Court of Appeal (Ireland)
    • 24 Febrero 2017
    ...created a contract between him and the manager. 61 The reasoning in Fox was applied by the majority of the Supreme Court in McEneaney v. Minister for Education [1941] I.R. 430, a case in which the managerial system was described by Murnaghan J. in the following terms ( [1941] I.R. 430, 439......
  • Hamilton v Hamilton
    • Ireland
    • Supreme Court
    • 9 Febrero 1982
    ...v. Universal Insurance Co. [1936] 2 K.B. 253. 9 Irish Land Commission v. Dolan [1930] I.R. 235. 10 McEneaney v. Minister for Education [1941] I.R. 430. 11 Reid v. Reid (1886) 31 Ch.D. 402. 12 Sunshine Porcelain Potteries Pty. Ltd. v. Nash. [1961] A.C. 927. 13 Nestor v. Murphy [1979] I.R. 32......
  • O'Shiel v Minister for Education
    • Ireland
    • High Court
    • 16 Abril 1999
    ...constitutional rights. The High Court so held in refusing the relief sought. Citations: CONSTITUTION ART 42 MCENEANEY V MIN FOR EDUCATION 1941 IR 430 CONSTITUTION SAORSTAT EIREANN ART 10 MINISTERS & SECRETARIES ACT 1924 S1 RYAN V AG 1965 IR 294 CONSTITUTION ART 42.2.4 EEC DIR 89/48 EUROPE......
  • Get Started for Free

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