In the matter of an application by Donal McQuillan for judicial review
| Jurisdiction | Northern Ireland |
| Judge | Weatherup J |
| Judgment Date | 2004 |
| Neutral Citation | [2004] NIQB 50 |
| Date | 07 September 2004 |
| Court | Queen's Bench Division (Northern Ireland) |
[2004] NIQB 50 Ref:
WEAC5022
Judgment: approved by the Court for handing down Delivered:
07/09/2004
(subject to editorial corrections)
IN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND
QUEEN’S BENCH DIVISION (JUDICIAL REVIEW)
________
IN THE MATTER OF AN APPLICATION BY DONAL McQUILLAN
FOR JUDICIAL REVIEW
________
WEATHERUP J
The application.
[1] This is an application for Judicial Review of a decision made by Newry
and Mourne District Council, as employer of the applicant, to pay to the
applicant half pay, rather than full pay, during the suspension of the
applicant from his employment. Half pay was paid in accordance with the
provisions of “Disciplinary Procedure for Manual Employees”, being a part of
the terms of conditions of the employment of the applicant. Mr Michael
Lavery QC and Mr Ronan Lavery appeared for the applicant and Mr
McCloskey QC and Mr McLaughlin appeared for the respondent.
[2] The applicant commenced employment with the respondent on 1
November 2001 as a Waste Disposal Operative at the respondent’s landfill site
at Aughnagun, Mayobridge. As a result of investigations undertaken by the
respondent in relation to the unauthorised dumping of waste at the landfill
site the applicant was arrested by police on 6 November 2002 and
immediately suspended from his employment on half pay. A clerical member
of the respondent’s staff, who was employed on different terms and
conditions, was also suspended but received full pay during the period of
suspension.
[3] By letter dated 17 April 2003 the applicant received notice of a
disciplinary hearing to investigate alleged offences. The hearing commenced
on 28 May 2003 and was adjourned pending further investigations before
being completed on 7 November 2003. By letter dated 11 November 2003 the
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2 cases
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Re The Prison Officers Association
...Application (1999) NI 299 and the decision of Weatherup J In the Matter of an Application by Donal McQuillan for Judicial Review (2004) NIQB 50. [28] Secondly Mr Dunlop argued that the applicant’s interpretation of the Rules and the COCD was too narrow in each case. Such an approach would t......
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In the matter of an application by Irwin Montgomery for Judicial Review
...already adopted in this jurisdiction pending any firm resolution of the issue by the House of Lords (see Re McQuillan’s Application (2004) NIQB 50 at paragraph 38.) Conclusions [26] I have found nothing in this case in the nature of a representation amounting to an unambiguous promise in cl......