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Former Sinn Fein councillor challenges salary credits refusal

Summary

Former Sinn Fein County Councillor Toiréasa Ni Fhearaiosa has brought a High Court challenge against the Minister for Education and an appeal committee regarding the refusal of incremental salary credits. Dr Ni Fhearaiosa, a full-time law teacher at Kerry Education and Training Board, applied under a scheme recognizing past employment for credits related to roles including an accounts assistant, a legal intern, a Sinn Fein advice clinic manager, and her tenure as an elected member of Kerry County Council. The initial application was refused on grounds that some roles were unpaid or not under full-time contracts, while no reference was made to her time at a US law firm that no longer exists. An appeal committee upheld the refusal in March 2024, deeming its decision final. Dr Ni Fhearaiosa claims the committee's decision was flawed, irrational, and breached fair procedures, arguing it failed to provide adequate reasons and properly consider her submissions. She further contends the scheme is unlawful for excluding public office periods and employment with deceased or defunct entities. Kerry Education and Training Board is a notice party to the proceedings. Represented by Mark Harty SC and James Kane BL, the applicant seeks orders quashing the decision and declaring parts of the scheme unlawful. The matter came before Ms Justice Niamh Hyland, who granted permission to bring the challenge on an ex-parte basis. The case was adjourned and will return before the court in July.

Who, what, where, when and why

What: Report matter: Former Sinn Fein councillor challenges salary credits refusal. Procedural stage: hearing_or_decision

When:

• September 2003 Other
• January 2007 Other
• March 2024 Hearing Or Sentence
• 2024-06-24 Publication

Case subjects

Places mentioned

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Stage Hearing Or Decision

Read the original CNI report