Sheehy -v- Ryan [2008] IESC 14 (09 April 2008)

Sheehy -v- Ryan [2008] IESC 14 (09 April 2008)

The Supreme Court held that the appellant's employment contract, based on a mixture of oral and implied terms and lacking any clear, unambiguous provision to the contrary, was terminable on reasonable notice. The phrase 'permanent and pensionable' did not confer a right to employment until retirement age or a job for life. The High Court judge was correct in finding that the contract was terminable on reasonable notice, and the appeal was dismissed.

Citation
[2008] IESC 14
Parties
Appellant/plaintiff: Mary Sheehy; Respondent/defendant: Laurence Ryan; Respondent/defendant: James Moriarty
Jurisdiction
Ireland
Judgment Date
09 April 2008
Procedural Posture
Civil Appeal / Supreme Court Appeal From High Court
Outcome
appeal dismissed
Legal Topics
Termination of Employment, Permanent and Pensionable Employment, Reasonable Notice, Redundancy, Implied Terms in Employment Contracts
Employment Law Contract Law Termination of Employment Permanent and Pensionable Employment Reasonable Notice Redundancy Implied Terms in Employment Contracts

Case Brief

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Parties

Mary Sheehy

Appellant/plaintiff

Laurence Ryan

Respondent/defendant

James Moriarty

Respondent/defendant

Procedural Posture

Civil Appeal / Supreme Court Appeal From High Court

Legal Issues

  1. 1 Whether the appellant's employment was terminable only for cause or until retirement age, or whether it was terminable on reasonable notice
  2. 2 Interpretation of 'permanent and pensionable' in employment contracts

Ratio Decidendi

The Supreme Court held that the appellant's employment contract, based on a mixture of oral and implied terms and lacking any clear, unambiguous provision to the contrary, was terminable on reasonable notice. The phrase 'permanent and pensionable' did not confer a right to employment until retirement age or a job for life. The High Court judge was correct in finding that the contract was terminable on reasonable notice, and the appeal was dismissed.

Court Disposition

appeal dismissed

Orders

  • High Court order affirmed
  • No further relief granted to appellant