Brady & Anor v Minister for Social Protection & Anor [2019] IECA 178 (03 July 2019)

Brady & Anor v Minister for Social Protection & Anor [2019] IECA 178 (03 July 2019)

The awards made by the Circuit Court were not calculated by reference to the employees' remuneration and therefore do not fall within s.6(4) of the 1984 Act; the Minister is obliged to pay the full amount of the awards from the Fund under s.6(1), and the formula applied by the Minister was not contemplated by the statutory scheme.

Citation
[2019] IECA 178
Parties
Applicant/appellant: Jade Brady; Applicant/appellant: Cathal O'Reilly; Respondent/defendant: Minister for Social Protection; Notice Party: Stephen Tennant (Receiver of White Sands Hotel Limited)
Jurisdiction
Ireland
Judgment Date
03 July 2019
Procedural Posture
Judicial Review Appeal / Court of Appeal Judgment
Outcome
appeal allowed
Legal Topics
Unfair Dismissal, Insolvency Payments Scheme, Statutory Interpretation, Ministerial Discretion
Employment Law Administrative Law Unfair Dismissal Insolvency Payments Scheme Statutory Interpretation Ministerial Discretion

Case Brief

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Parties

Jade Brady

Applicant/appellant

Cathal O'Reilly

Applicant/appellant

Minister for Social Protection

Respondent/defendant

Stephen Tennant (Receiver of White Sands Hotel Limited)

Notice Party

Procedural Posture

Judicial Review Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether awards made by the Circuit Court under the Unfair Dismissals Acts are debts 'calculated by reference to the employee's remuneration' for the purposes of s.6(4) of the Protection of Employees (Employers' Insolvency) Act 1984
  2. 2 Whether the Minister for Social Protection lawfully applied a formula to limit payments under the Insolvency Payments Scheme
  3. 3 Extent of Minister's discretion under s.6(1) of the 1984 Act

Ratio Decidendi

The awards made by the Circuit Court were not calculated by reference to the employees' remuneration and therefore do not fall within s.6(4) of the 1984 Act; the Minister is obliged to pay the full amount of the awards from the Fund under s.6(1), and the formula applied by the Minister was not contemplated by the statutory scheme.

Court Disposition

appeal allowed

Orders

  • Minister to pay full amount of Circuit Court awards from the Fund
  • Further submissions to be made by parties as to reliefs