Murphy v. Revenue Commissioners [1998] IEHC 26 (17th February, 1998)

Murphy v. Revenue Commissioners [1998] IEHC 26 (17th February, 1998)

The Respondents are not entitled to refuse referral of the Applicant's complaint to the mediation officer under Stage VIII, as the Applicant has suffered an immediate and direct loss of earnings due to the deferral of increments, and the dispute does not involve interpretation of general regulations or circulars.

Source-derived case information.

Citation
[1998] IEHC 26
Parties
Applicant: Applicant; Respondent: Respondents
Jurisdiction
Ireland
Procedural Posture
Judicial Review / Final Judgment
Outcome
Application granted
Legal Topics
Grievance Procedures, Civil Service Increments, Remuneration Disputes
Employment Law Administrative Law Grievance Procedures Civil Service Increments Remuneration Disputes

Source-derived case record

Summary, issues, holding and outcome

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Parties

Applicant

Applicant

Respondents

Respondent

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the Respondents are obliged to refer the Applicant's grievance to a mediation officer under Stage VIII of the grievance procedure
  2. 2 Whether the Applicant suffered an immediate and direct loss of earnings as a consequence of the Respondents' actions
  3. 3 Whether the dispute involves interpretation of general regulations or circulars

Ratio Decidendi

The Respondents are not entitled to refuse referral of the Applicant's complaint to the mediation officer under Stage VIII, as the Applicant has suffered an immediate and direct loss of earnings due to the deferral of increments, and the dispute does not involve interpretation of general regulations or circulars.

Court Disposition

Application granted

Orders

  • Refusal by Respondents to refer complaint to mediation officer quashed