Walsh v Dublin Health Authority
| Jurisdiction | Ireland |
| Judgment Date | 01 January 1964 |
| Date | 01 January 1964 |
| Court | High Court |
Employment expressed to be permanent and pensionable - Meaning of word "permanent"in circumstances of employment - Right to terminate employment for redundancy by reasonable notice.
The plaintiff was employed by the Dublin Fever Hospital Board as a carpenter in the year 1954. He applied for the position in answer to an advertisement by the Board seeking applications for the post. He was informed that there would be a probationary period and that this would qualify him to become a permanent employee. That he was informed that his appointment would be on a permanent basis was borne out by a minute of the Board dated 3rd December, 1954. Prior to this he had made an application in writing on a form supplied bythe Board which indicated that there were two special conditions to the appointment which were as follows: —(a) The appointment will be on a probationary basis for twelve months. (b) Provided the person appointed has continuous service of three years with the Board his name shall be entered in the Register of Established Servants (s. 38 sub-s. 2 Local Government (Superannuation) Act, 1948). His pension contribution thereafter will be at the rate per annum of 41/6% of his wages and of his emoluments if any. (Section 56 sub-s. 1.) The plaintiff received a letter dated the 14th December, 1954, informing him that the Board had decided to appoint him to the post in accordance with the terms of the advertisement and the approved conditions of appointment. On receipt of the letter he commenced working at Trade Union rates. The plaintiff worked for a year and then got a Memorandum from the Registrar, which informed him that he was eligible to be put on the Registrar of Pensionable Servants, as from 1st April, 1954. A minute of the Board dated 24th November, 1955, stated that the Board had decided to confirm the appointment of the plaintiff to the...
To continue reading
Request your trial
-
Minister for Finance v McArdle
...EMPLOYEES (FIXED-TERM WORK) ACT 2003 S5(2)(a) PROTECTION OF EMPLOYEES (FIXED-TERM WORK) ACT 2003 S2(3) WALSH v DUBLIN HEALTH AUTHORITY 1964 98 ILTR 82 DOOLEY v GREAT SOUTHERN HOTELS LTD 2001 ELR 340 2001/6/1434 SHEEHY v RYAN & MORIARTY 2004 ELR 87 2004/46/10610 AINSWORTH v GLASS TUBES & CO......
-
Sheehy v Ryan
...clearly is the position. 34 The trial judge then gave a useful review of the Irish and English case law. In Walsh v. Dublin Health Board 98 I.L.T.R. 82 Budd J. interpreted a so-called permanent job as meaning a job indefinite in duration but subject to dismissal on reasonable notice. The sa......
-
Dooley v Great Southern Hotel
...BREWSTER V BURKE UNREP HAMILTON 8.2.1978 1978/1/ GLOVER V BLN LTD 1973 IR 388 MOONEY V AN POST 1998 ELR 238 WALSH V DUBLIN HEALTH BOARD 98 ILTR 82 Synopsis EMPLOYMENT Dismissal Fair procedures - Misconduct - Whether plaintiff's dismissal justified - Whether plaintiff entitled to damages -......
-
Cahill v Dublin City University
...ACT 1956 S5 UNIVERSITIES ACT 1997 S12 UNIVERSITIES ACT 1997 S13 GARVEY v IRELAND & ORS 1981 IR 75 WALSH v DUBLIN HEALTH AUTHORITY 1964 98 ILTR 82 FENNELLY v ASSICURAZIONI GENERALI SPA 1985 3 ILTR 73 2006/3378P - Clarke - High - 9/2/2007 - 2007 8 1579 2007 IEHC 20 Mr. Justice Clarke 1 2 1.1 ......