O'Dwyer v. McDonagh [1996] IEHC 21 (14th October, 1996)

O'Dwyer v. McDonagh [1996] IEHC 21 (14th October, 1996)

There was no evidence of mal fides, actual or objective bias, or procedural unfairness in the selection process. The opinions of the Director and Administration Officer were bona fide and based on their working knowledge. The applicant was not entitled to relief as the process was not flawed in law.

Citation
[1996] IEHC 21
Parties
Applicant: Mary O'Dwyer; First Respondent: James McDonagh; Second Respondent: Mary Costello; Third Respondent: Janette McDonnell; Fourth Respondent: Gordon Milne; Fifth Respondent: Regional Technical College, Limerick
Jurisdiction
Ireland
Procedural Posture
Judicial Review / Final Judgment
Outcome
application dismissed
Legal Topics
Selection Process, Objective Bias, Procedural Fairness
Administrative Law Employment Law Selection Process Objective Bias Procedural Fairness

Case Brief

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Parties

Mary O'Dwyer

Applicant

James McDonagh

First Respondent

Mary Costello

Second Respondent

Janette McDonnell

Third Respondent

Gordon Milne

Fourth Respondent

Regional Technical College, Limerick

Fifth Respondent

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the selection process for promotion was vitiated by objective bias or procedural unfairness
  2. 2 Whether the applicant should have been given an opportunity to answer criticisms during the interview
  3. 3 Whether the opinions of the Director and Administration Officer amounted to unfair interference

Ratio Decidendi

There was no evidence of mal fides, actual or objective bias, or procedural unfairness in the selection process. The opinions of the Director and Administration Officer were bona fide and based on their working knowledge. The applicant was not entitled to relief as the process was not flawed in law.

Court Disposition

application dismissed