Tierney v. An Post [1999] IESC 91; [1999] ELR 293 (6th October, 1999)

Tierney v. An Post [1999] IESC 91; [1999] ELR 293 (6th October, 1999)

Although the contract was for services, it contained an implied term requiring fair procedures in disciplinary actions; such procedures were not observed, entitling the applicant to relief.

Source-derived case information.

Citation
[1999] IESC 91
Parties
Applicant: Tierney; Respondent: An Post
Jurisdiction
Ireland
Procedural Posture
Judicial Review / Appeal From High Court to Supreme Court
Outcome
appeal dismissed
Legal Topics
Contract for Services Vs Contract of Service, Disciplinary Procedures, Natural Justice, Fair Procedures, Termination of Contract
Employment Law Contract Law Administrative Law Contract for Services Vs Contract of Service Disciplinary Procedures Natural Justice Fair Procedures Termination of Contract

Source-derived case record

Summary, issues, holding and outcome

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Parties

Tierney

Applicant

An Post

Respondent

Procedural Posture

Judicial Review / Appeal From High Court to Supreme Court

Legal Issues

  1. 1 Whether the applicant's contract was a contract of service or for services
  2. 2 Whether disciplinary procedures under the contract required fair procedures
  3. 3 Whether fair procedures were observed in the applicant's dismissal

Ratio Decidendi

Although the contract was for services, it contained an implied term requiring fair procedures in disciplinary actions; such procedures were not observed, entitling the applicant to relief.

Court Disposition

appeal dismissed

Orders

  • affirmation of High Court orders of certiorari and prohibition