McMahon -v- The Irish Aviation Authority & Anor [2014] IEHC 431 (09 September 2014)

McMahon -v- The Irish Aviation Authority & Anor [2014] IEHC 431 (09 September 2014)

While the Authority was entitled to act urgently and impose a holding suspension in the interests of public safety, the prolonged duration of the suspension without a procedurally fair and prompt hearing, and the lack of factually sustainable reasons for at least one key ground, rendered the suspension invalid and no longer operative.

Citation
[2014] IEHC 431
Parties
Applicant: Paul McMahon; Respondent: Irish Aviation Authority; Notice Party: Irish Parachute Club
Jurisdiction
Ireland
Judgment Date
09 September 2014
Procedural Posture
Judicial Review / High Court Judgment
Outcome
Suspension declared invalid and no longer operative.
Legal Topics
Fair Procedures, Suspension of Employment, Regulatory Powers, Right to Good Name, Urgency in Regulatory Action, Aviation Safety, Judicial Review of Administrative Action
Administrative Law Aviation Law Employment Law Sports Law Constitutional Law Fair Procedures Suspension of Employment Regulatory Powers +4 more

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Parties

Paul McMahon

Applicant

Irish Aviation Authority

Respondent

Irish Parachute Club

Notice Party

Procedural Posture

Judicial Review / High Court Judgment

Legal Issues

  1. 1 Whether the Irish Aviation Authority's suspension of the applicant as Club Chief Instructor complied with fair procedures and was factually sustainable
  2. 2 Whether the duration and process of the suspension infringed the applicant's constitutional right to a good name

Ratio Decidendi

While the Authority was entitled to act urgently and impose a holding suspension in the interests of public safety, the prolonged duration of the suspension without a procedurally fair and prompt hearing, and the lack of factually sustainable reasons for at least one key ground, rendered the suspension invalid and no longer operative.

Court Disposition

Suspension declared invalid and no longer operative.

Orders

  • Suspension of the applicant as Club Chief Instructor by the Irish Aviation Authority is quashed.