Byrne v Minister for Defence [2017]

  • 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

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This article is correct at 28/07/2017
Disclaimer:

The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.

Philip Corcoran
Hayes Solicitors

The main content of this article was provided by Philip Corcoran. Contact telephone number is +353 1 6624747 or email pcorcoran@hayes-solicitors.ie

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