Byrne v Minister for Defence [2017]

Posted In: Case Law
  • Case Reference
    IEHC 453
  • Legal Body
    High Court of Ireland (IEHC)
  • Type of Claim / Jurisdiction
    Discrimination and Equality, Recruitment and Selection
Issues covered: Promotion; Maternity Leave; Equal Opportunity; Loss of Earnings; Right to Fair Procedures; Damages and Restitution; Quantum of Damages

The Applicant filed an application for Judicial Review seeking a number of reliefs following not being considered (or informed of the formation of a promotion board) for a promotion from the rank of Captain to Commandant while on maternity leave. The Applicant left the army as a direct result. On 25th July 2016, the Court made a number of orders including;
1. A Declaration that the Applicant was eligible for promotion from Captain to Commandant.

2. A Declaration  that the Respondents were in breach of Article 2(2)(c), Articles 14(2) to Article 15 of the Directive 2006/54/EC of the European Parliament and the Council of 5th July 2006, on the implementation of the principle

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This article is correct at 28/07/2017

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Philip Corcoran
Hayes Solicitors

The main content of this article was provided by Philip Corcoran. Contact telephone number is +353 1 6624747 or email

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