Moran v. Minister for Health [1998] IEHC 233 (15th December, 1998)

Moran v. Minister for Health [1998] IEHC 233 (15th December, 1998)

No binding contract existed for substantive promotion; only an obligation to arrange 'Acting Up' allowance was established, which was not fulfilled. Promotion must follow established procedures and cannot bypass MAC. Ministerial discretion remains unfettered.

Citation
[1998] IEHC 233
Parties
Applicant: Miss Moran; First Respondent: Minister for Health and Children; Second Respondent: Minister for Finance
Jurisdiction
Ireland
Procedural Posture
Judicial Review / Final Judgment
Outcome
Application refused
Legal Topics
Civil Service Promotion, Contractual Obligations, Natural Justice, Ministerial Discretion
Administrative Law Employment Law Contract Law Civil Service Promotion Contractual Obligations Natural Justice Ministerial Discretion

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Parties

Miss Moran

Applicant

Minister for Health and Children

First Respondent

Minister for Finance

Second Respondent

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether a binding contract existed for promotion to Principal Officer
  2. 2 Whether the Minister or his officials were empowered to appoint the Applicant
  3. 3 Whether the Applicant was entitled to promotion or allowance based on alleged agreement

Ratio Decidendi

No binding contract existed for substantive promotion; only an obligation to arrange 'Acting Up' allowance was established, which was not fulfilled. Promotion must follow established procedures and cannot bypass MAC. Ministerial discretion remains unfettered.

Court Disposition

Application refused