Tierney v. An Post [1999] IESC 66; [2000] 1 IR 536; [2000] 2 ILRM 214 (6th October, 1999)

Tierney v. An Post [1999] IESC 66; [2000] 1 IR 536; [2000] 2 ILRM 214 (6th October, 1999)

The applicant's contract was a contract for services, not of service, but the disciplinary machinery provided for in the contract impliedly required fair procedures. The respondent failed to observe fair procedures in the disciplinary process, entitling the applicant to relief.

Citation
[2000] 2 ILRM 214
Parties
Applicant: Applicant (Postmaster, Termon, Virginia, County Cavan); Respondent: An Post (Respondent)
Jurisdiction
Ireland
Procedural Posture
Judicial Review / Appeal From High Court to Supreme Court
Outcome
appeal dismissed; High Court order affirmed
Legal Topics
Contract for Services Vs Contract of Service, Disciplinary Procedures, Natural Justice, Fair Procedures, Termination of Contract
Employment Law Contract Law Administrative Law Contract for Services Vs Contract of Service Disciplinary Procedures Natural Justice Fair Procedures Termination of Contract

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Parties

Applicant (Postmaster, Termon, Virginia, County Cavan)

Applicant

An Post (Respondent)

Respondent

Procedural Posture

Judicial Review / Appeal From High Court to Supreme Court

Legal Issues

  1. 1 Whether the applicant's contract was one of service or for services
  2. 2 Whether disciplinary procedures under the contract required fair procedures
  3. 3 Whether fair procedures were observed in the applicant's dismissal

Ratio Decidendi

The applicant's contract was a contract for services, not of service, but the disciplinary machinery provided for in the contract impliedly required fair procedures. The respondent failed to observe fair procedures in the disciplinary process, entitling the applicant to relief.

Court Disposition

appeal dismissed; High Court order affirmed

Orders

  • Orders of certiorari and prohibition granted in the High Court are affirmed