Re McEneaney v Minister for Education

• Jurisdiction: Ireland
• Judgment Date: 17 December 1941
• Date: 17 December 1941
• Court: Supreme 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 same as the previous one. Upon a change of Manager in 1934, plaintiff, in accordance with the Rules and Regulations of the Commissioners of National Education, entered into a similar agreement with the succeeding Manager, and, on the death of the latter in 1937, he entered into a similar agreement with defendant, who was the new Manager of the school at which plaintiff was teaching. In the last-mentioned agreement plaintiff's remuneration was expressed to be provided for as follows: "The salary and emoluments of the teacher are to be as follows:—those granted in accordance with the Rules and Regulations of National Schools."Prior to 1932 the rules and regulations in force for National Schools were the Rules and Regulations of the Commissioners of National Education for Ireland, published in 1917, as amended from time to time, and under which the plaintiff was entitled to certain increments of salary provided no adverse report was received from the Inspector of National Schools. The power to alter rates of increment was provided for by Rule 108 (c) of the said Rules and Regulations which were as follows: "The Commissioners reserve to themselves the right to alter the rates of grade salary and of continued good service salary from time to time, with...