Fanning -v- UCC [2008] IESC 59 (28 October 2008)

Fanning -v- UCC [2008] IESC 59 (28 October 2008)

UCC could not lawfully apply its post-1997 disciplinary procedures, including suspension and demotion, to the plaintiff, a pre-1997 statutory officer. The only disciplinary measures available were those under the pre-1997 statutes, which did not permit suspension or demotion, and removal from office could only be effected by the Senate of the National University of Ireland. The disciplinary actions taken were ultra vires and unlawful.

Citation
[2008] IESC 59
Parties
Plaintiff/respondent: Connell M. Fanning; Defendant/appellant: University College Cork
Jurisdiction
Ireland
Judgment Date
28 October 2008
Procedural Posture
Appeal / Supreme Court Judgment on Appeal From High Court
Outcome
Appeal dismissed; High Court order affirmed
Legal Topics
Disciplinary Procedures, Tenure Rights, Statutory Interpretation, University Governance, Ultra Vires Actions
Employment Law Administrative Law Education Law Disciplinary Procedures Tenure Rights Statutory Interpretation University Governance Ultra Vires Actions

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 5 Party arguments 2
Sign in to unlock

Parties

Connell M. Fanning

Plaintiff/respondent

University College Cork

Defendant/appellant

Procedural Posture

Appeal / Supreme Court Judgment on Appeal From High Court

Legal Issues

  1. 1 Whether UCC could lawfully apply its post-1997 disciplinary procedures (including suspension and demotion) to a professor appointed prior to the Universities Act 1997
  2. 2 Whether the disciplinary actions taken were ultra vires the university's powers in respect of pre-1997 officers

Ratio Decidendi

UCC could not lawfully apply its post-1997 disciplinary procedures, including suspension and demotion, to the plaintiff, a pre-1997 statutory officer. The only disciplinary measures available were those under the pre-1997 statutes, which did not permit suspension or demotion, and removal from office could only be effected by the Senate of the National University of Ireland. The disciplinary actions taken were ultra vires and unlawful.

Court Disposition

Appeal dismissed; High Court order affirmed

Orders

  • Declaration that the disciplinary procedures adopted by UCC and applied to the plaintiff were unlawful and ultra vires
  • UCC restrained from suspending, demoting, or dismissing the plaintiff under the impugned procedures