Harvey -v- The Courts Service & ors [2015] IEHC 680 (05 November 2015)

Harvey -v- The Courts Service & ors [2015] IEHC 680 (05 November 2015)

Plaintiff's claim for wrongful dismissal at common law is barred by s.15(2) of the Unfair Dismissals Act, 1977 as he commenced proceedings before the EAT; the statement of claim does not disclose a reasonable cause of action and is frivolous or vexatious; claims for assault and defamation are not properly pleaded or particularised and cannot be pursued.

Citation
[2015] IEHC 680
Parties
Plaintiff/respondent: Walter John Harvey; Defendant/applicant: The Courts Service; Defendant/applicant: John Glennon; Defendant/applicant: Margaret O’Rafferty; Defendant/applicant: Emer Darcy; Defendant/applicant: David O’Shea; Defendant/applicant: Eugene Lynch; Defendant/applicant: P. J. Fitzpatrick
Jurisdiction
Ireland
Judgment Date
05 November 2015
Procedural Posture
Plenary Action / Application to Strike Out Claim
Outcome
Plaintiff's claims struck out
Legal Topics
Wrongful Dismissal, Unfair Dismissal, Strike Out Applications, Personal Injuries, Defamation
Employment Law Civil Procedure Wrongful Dismissal Unfair Dismissal Strike Out Applications Personal Injuries Defamation

Case Brief

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Parties

Walter John Harvey

Plaintiff/respondent

The Courts Service

Defendant/applicant

John Glennon

Defendant/applicant

Margaret O’Rafferty

Defendant/applicant

Emer Darcy

Defendant/applicant

David O’Shea

Defendant/applicant

Eugene Lynch

Defendant/applicant

P. J. Fitzpatrick

Defendant/applicant

Procedural Posture

Plenary Action / Application to Strike Out Claim

Legal Issues

  1. 1 Whether plaintiff's claim for wrongful dismissal at common law is barred by s.15(2) of the Unfair Dismissals Act, 1977
  2. 2 Whether the statement of claim discloses a reasonable cause of action or is frivolous or vexatious
  3. 3 Whether claims for assault and defamation can be pursued in these proceedings

Ratio Decidendi

Plaintiff's claim for wrongful dismissal at common law is barred by s.15(2) of the Unfair Dismissals Act, 1977 as he commenced proceedings before the EAT; the statement of claim does not disclose a reasonable cause of action and is frivolous or vexatious; claims for assault and defamation are not properly pleaded or particularised and cannot be pursued.

Court Disposition

Plaintiff's claims struck out

Orders

  • Plaintiff's claim as against the defendants is struck out pursuant to s.15(2) of the Unfair Dismissals Act, 1977
  • Plaintiff's claim struck out pursuant to Order 19 Rule 28 of the Rules of the Superior Courts