Earley -v- Health Service Executive [2017] IECA 158 (15 May 2017)

Earley -v- Health Service Executive [2017] IECA 158 (15 May 2017)

The plaintiff's contract of employment did not permit her to be re-assigned from her designated clinical and managerial position to a non-operational role; the re-assignment constituted a breach of contract as neither express nor implied terms nor statutory provisions justified such a change.

Citation
[2017] IECA 158
Parties
Plaintiff/appellant: Helen Earley; Defendant/respondent: Health Service Executive
Jurisdiction
Ireland
Judgment Date
15 May 2017
Procedural Posture
Civil Appeal / Court of Appeal Judgment
Outcome
Appeal allowed
Legal Topics
Breach of Contract, Re Assignment of Duties, Statutory Interpretation, Implied Terms in Contract
Employment Law Public Sector Law Breach of Contract Re Assignment of Duties Statutory Interpretation Implied Terms in Contract

Case Brief

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Parties

Helen Earley

Plaintiff/appellant

Health Service Executive

Defendant/respondent

Procedural Posture

Civil Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the HSE breached the plaintiff's contract of employment by re-assigning her to non-operational duties
  2. 2 Whether the HSE had express or implied contractual or statutory power to re-assign the plaintiff

Ratio Decidendi

The plaintiff's contract of employment did not permit her to be re-assigned from her designated clinical and managerial position to a non-operational role; the re-assignment constituted a breach of contract as neither express nor implied terms nor statutory provisions justified such a change.

Court Disposition

Appeal allowed

Orders

  • Declaration granted that the re-assignment constituted a breach of contract
  • Further submissions invited on additional relief