Gunning -v- Coillte Teoranta [2015] IEHC 44 (06 February 2015)

Gunning -v- Coillte Teoranta [2015] IEHC 44 (06 February 2015)

Section 36 of the Forestry Act 1988 does not permit retrospective forfeiture of accrued remuneration; no valid directive was issued with the consent of the Minister for Finance; plaintiff is entitled to payment of earned bonuses.

Citation
[2015] IEHC 44
Parties
Plaintiff: David Gunning; Defendant: Coillte Teoranta
Jurisdiction
Ireland
Judgment Date
06 February 2015
Procedural Posture
Civil / Final Judgment
Outcome
Judgment for plaintiff
Legal Topics
Performance Related Pay, Retrospective Forfeiture, Ministerial Directives, Statutory Interpretation, Property Rights
Employment Law Contract Law Public Law Performance Related Pay Retrospective Forfeiture Ministerial Directives Statutory Interpretation Property Rights

Case Brief

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Parties

David Gunning

Plaintiff

Coillte Teoranta

Defendant

Procedural Posture

Civil / Final Judgment

Legal Issues

  1. 1 Whether a ministerial directive under s.36 of the Forestry Act 1988 can retrospectively forfeit accrued performance-related bonuses
  2. 2 Whether the defendant was legally precluded from paying the plaintiff's earned bonuses

Ratio Decidendi

Section 36 of the Forestry Act 1988 does not permit retrospective forfeiture of accrued remuneration; no valid directive was issued with the consent of the Minister for Finance; plaintiff is entitled to payment of earned bonuses.

Court Disposition

Judgment for plaintiff

Orders

  • Defendant to pay plaintiff €299,001 in performance-related bonuses
  • Defendant to pay 2% interest on the sum due