Title: Sheehy -v- Ryan
SUPREME COURT
Judgment was delivered by Mr Justice Geoghegan on April 9th, 2008; Mr Justice Kearns and Mr Justice Finnegan concurring
JUDGMENT
The employment of Mary Sheehy by successive bishops of Kildare and Leighlin was an employment agreement terminable on reasonable notice.
BACKGROUND
The first-named respondent in the case, Bishop Ryan, is now deceased and was the immediate predecessor of the second-named respondent, Bishop Moriarty. It was against him that the action was taken, though the initial dispute was with Bishop Ryan.
The High Court found Ms Sheehy was made redundant by Bishop Ryan with reasonable notice. She appealed to the Supreme Court.
Ms Sheehy was employed by Bishop Ryan's predecessor, Bishop Lennon, in 1974 as his secretary. At the time she was working in Carlow Regional Technical College, employed by the VEC. According to her evidence to the High Court, the bishop in employing her said he did not want her to be at any loss for leaving the VEC, and that he would tie her pay scale to what it was in the VEC, adding 25 per cent in view of the confidentiality of the work and the fact that there would be no opportunity for career advancement.
She told the High Court that her understanding was "it was the equivalent to where I was in terms of a job for life, if I wanted, till my 65th birthday".
It was also understood that arrangements would be put in place for a pension.
In 1977 she became diocesan secretary jointly with one of the priests. She was still in this position when Bishop Lennon retired in 1984, and remained in it when his place was taken by Bishop Ryan.
She told the High Court that during this transition she had raised a query with Bishop Lennon as to whether Bishop Ryan would be happy to have her stay on, and the latter told her he took it for granted she would be staying on.
A draft document detailing her terms and conditions was produced by Bishop Lennon, but he died before it was finalised. This linked her salary with her previous post in the RTC, stated that provision was to be made for a pension, and included headings for "hours", "holidays" and "duties".
Bishop Ryan than produced his own draft, which also attached her salary to the senior administrative scale in the RTC, with the additional 25 per cent for the nature of her work, and stated that there would be provision for a pension. There was no provision that the employment could not be terminated at reasonable notice.
"It became clear that Bishop Ryan made various attempts to procure the appellant's agreement to less costly arrangements both in terms of salary and pension Eventually the appellant was told she was being made redundant," Mr Justice Geoghegan said.
In the High Court Ms Justice Carroll found: "There was no express or implied added condition or promise that it would be for life or until age 65. Her previous employment with the VEC, while permanent and pensionable, was not a job for life."
Mr Justice Geoghegan commented: "There was, in my view, ample evidence to support that finding by the learned trial judge."
He said the appellant had chosen a common law remedy, rather than initiating proceedings under the Unfair Dismissals Act 1967 or the Redundancy Payments Act. Under common law the position is that the employer is entitled to dismiss an employee for any reason or no reason on giving reasonable notice, and unless the contract clearly states otherwise.
DECISION
In this case there was no such written contract which had to be construed. "I am satisfied that the general rule applied that the agreement could be terminated on reasonable notice," Mr Justice Geoghegan said.
Given that comparison was made with her previous position in the VEC, he said "I do not know of any provision which would prevent termination by the VEC on grounds of redundancy.
"I am satisfied that the learned High Court judge was correct in her view that this was an employment agreement terminable on reasonable notice."
He dismissed the appeal.
The full text of this judgment is on www.courts.ie
Lawyers: Gerard Hogan SC and Angela Healy BL, instructed by Nash McDermott and Co, Tipperary, for the applicant; Maurice Collins SC, Pat Hanratty SC and Tom Mallon BL, instructed by Arthur Cox and Co for the respondent