Earley -v- Health Service Executive (No.2) [2017] IECA 207 (18 July 2017)

Earley -v- Health Service Executive (No.2) [2017] IECA 207 (18 July 2017)

Where a public employer breaches a contract of employment by unilaterally reassigning an employee from a specific post with defined duties, and no disciplinary or practical impediment exists, the court may grant an injunction requiring reinstatement to ensure an effective remedy.

Citation
[2017] IECA 207
Parties
Plaintiff / Appellant: Helen Earley; Defendant / Respondent: Health Service Executive (No.2)
Jurisdiction
Ireland
Judgment Date
18 July 2017
Procedural Posture
Appeal / Remedy Following Appellate Finding of Breach of Contract
Outcome
Injunction granted; plaintiff to be restored to original contractual position.
Legal Topics
Breach of Contract, Specific Performance, Employment Remedies, Injunctions
Employment Law Contract Law Breach of Contract Specific Performance Employment Remedies Injunctions

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Parties

Helen Earley

Plaintiff / Appellant

Health Service Executive (No.2)

Defendant / Respondent

Procedural Posture

Appeal / Remedy Following Appellate Finding of Breach of Contract

Legal Issues

  1. 1 Whether the plaintiff is entitled to an order of reinstatement following a breach of contract of employment
  2. 2 Whether a declaratory order alone is an effective remedy in the circumstances

Ratio Decidendi

Where a public employer breaches a contract of employment by unilaterally reassigning an employee from a specific post with defined duties, and no disciplinary or practical impediment exists, the court may grant an injunction requiring reinstatement to ensure an effective remedy.

Court Disposition

Injunction granted; plaintiff to be restored to original contractual position.

Orders

  • Health Service Executive directed to restore Helen Earley to her position as Area Director of Nursing, Mental Health Services for the Galway/Roscommon region.