Transport Salaried Staffs' Association and Others v Córas Iompair Éireann
| Jurisdiction | Ireland |
| Judgment Date | 01 January 1966 |
| Date | 01 January 1966 |
| Court | Supreme Court |
Conditions required by Statute to be regulated by agreement -Agreement entered into - Rates of pay to be decided by years of service - Proposal to recruit university graduates as employees - Proposal to pay such employees higher rates of pay than existing employees - Whether such proposals a breach of the agreement - Railways Act, 1924, s. 55 -Railways Act, 1933, s. 10 - Transport Act, 1950, s. 46.
-
Sect. 55 of the Railways Act, 1924, provides, inter alia, asfollows: —"(1) From and after the passing of this Act therates of pay, hours of duty and other conditions of service of railwayemployees shall be regulated in accordance with agreements made or to befrom time to time made between the trade unions representative of suchemployees of the one part and the railway companies and other persons bywhom they are respectively employed of the other part." Sect. 10 ofthe Railways Act, 1933, provides that "From and after the passing ofthis Act the rates of pay, hours of duty, and other conditions ofservice of the road transport employees of a railway company,employed for any of the purposes of the road transport business carriedon by such company and whose depot or other place of employment issituated in Saorstát Éireann, shall be regulated in accordancewith agreements made or to be from time to time made between the tradeunions representative of such employees of the one part and such railwaycompany of the other part." Sect. 46 of the Transport Act, 1950,provides that references to a railway company in the above sections areto be construed as references to Coras Iompair Éireann. On the1st August, 1947, there was a written agreement made between theplaintiffs and the defendants and it was thereby agreed that the ratesof pay of the clerical officers' grade should be as set out in theschedule to that agreement. The relevant scale applicable to anyparticular employee in that grade was determined by the number of yearsof...
To continue reading
Request your trial
-
In the Matter for Mount Carmel Medical Group (South Dublin) Ltd
...Union law. Declaratory judgments 40 As Walsh J. pointed out in Transport Salaried Staff's Association & Ors. v. Córas Iompair Éireann [1965] I.R. 180, the modern law governing the grant of declaratory orders finds it origin in s. 155 of the Court of Chancery (Ireland) Act, 1867, the words ......
-
PC v Minister for Social Protection
...and judicial developments: see for example the observations of Walsh J. in Transport Salaried Staff's Association v. CIE [1965] I.R. 180 at p. 202. While, therefore the Constitution by Article 34.3.2° does explicitly restrict to the Superior Courts the jurisdiction in constitutional challe......
-
CC v Ireland
...E.R. 347. Thomas v. The King (1937) 59 C.L.R. 279. Transport Salaried Staffs' Association and Others v. Córas Iompair Éireann éireann [1965] I.R. 180. U.S. v. Wilson 159 F. 3d. 280. Wisconsin v. Jadowski (2004) W.I. 68. Appeals from the High Court The facts of the case have been summarised ......
-
Costello v The Government of Ireland, Ireland, and The Attorney General
...should be satisfied that there is good reason for so doing ( Transport Salaried Staffs' Association and Others v. Córas Iompair Éireann [1965] I.R. 180; Omega v. Barry, [2012] IEHC 109 But many of the contingencies in this case are indeed theoretical, which in normal circumstances would spe......