Courts / Ireland / Report

GRA awarded costs of failed legal challenge to changes in sick pay entitlements

Summary

The High Court has awarded the Garda Representative Association (GRA) its legal costs following the dismissal of its challenge to changes in public sector sick pay entitlements. The GRA, alongside the Association of Garda Sergeants and Inspectors (AGSI) and two bodies representing Superintendents and Chief Superintendents, sued Minister for Public Expenditure and Reform Brendan Howlin over the 2014 Public Service Management (Sick Leave) Regulations. These regulations, implemented in April, reduced full-pay sick leave from six months to three. High Court President Nicholas Kearns dismissed all aspects of the claim, rejecting arguments that it was inappropriate for the Minister to consider views from IMPACT's General Secretary Shay Cody. Although the judge expressed concern over the late disclosure of email communications by the Minister's lawyers, he ultimately awarded the GRA its legal costs against the Minister. This decision departed from the standard rule where the losing party pays costs, citing the "fairly fraught" nature of the case and the suspicion surrounding the late-disclosed communications. Both parties had applied for their respective legal costs in this final determination.

Who, what, where, when and why

What: Report matter: GRA awarded costs of failed legal challenge to changes in sick pay entitlements. Procedural stage: hearing_or_decision

When:

• 2014-10-24 Publication

Case subjects

Places mentioned

Topics

Stage Hearing Or Decision

Read the original CNI report