O'Leary v. Garda Commissioner [1996] IEHC 9 (31st July, 1996)

O'Leary v. Garda Commissioner [1996] IEHC 9 (31st July, 1996)

Dublin Castle is, in reality, an annex to Harcourt Square Station and forms part of the plaintiffs' permanent place of duty. Therefore, duties performed at Dublin Castle do not constitute 'duty away from station' under the Regulations, and the plaintiffs are not entitled to travelling expenses for such duties.

Citation
[1996] IEHC 9
Parties
Plaintiffs: James Campbell and Others; Defendants: Ireland and the Attorney General
Jurisdiction
Ireland
Procedural Posture
Civil / Judgment on Liability
Outcome
Claim dismissed
Legal Topics
Public Service Allowances, Interpretation of Regulations, Police Employment Conditions
Employment Law Administrative Law Public Service Allowances Interpretation of Regulations Police Employment Conditions

Case Brief

Summary, issues, holding and outcome

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Parties

James Campbell and Others

Plaintiffs

Ireland and the Attorney General

Defendants

Procedural Posture

Civil / Judgment on Liability

Legal Issues

  1. 1 Whether Gardaí permanently stationed at Harcourt Square are entitled to travelling expenses for duties performed at Dublin Castle under the relevant Regulations.

Ratio Decidendi

Dublin Castle is, in reality, an annex to Harcourt Square Station and forms part of the plaintiffs' permanent place of duty. Therefore, duties performed at Dublin Castle do not constitute 'duty away from station' under the Regulations, and the plaintiffs are not entitled to travelling expenses for such duties.

Court Disposition

Claim dismissed

Orders

  • Declarations sought by the plaintiffs are refused
  • Claim is dismissed