A senior civil servant who was unhappy with the terms on which he was to return to the service after completing a term of secondment to the Law Reform Commission is entitled to orders against the Minister of Finance and the Government, the High Court has ruled. Mr Simon O'Leary sought orders relating to the terms and conditions of his appointment as a member of the Law Reform Commission in January 1987 and in January 1992 and to his subsequent status and rate of remuneration as a civil servant. Mr Justice Quirke, in a reserved judgment, said he was satisfied Mr O'Leary was entitled to relief against the respondents and added that he would make an appropriate order after discussion with counsel. The case is to be mentioned in court again next Wednesday. Mr O'Leary was called to the Bar in 1965 and practised as a barrister for eight years before taking senior appointments in the Office of the Attorney General in 1973 and in the Office of the DPP in 1977.
Under the Law Reform Commission Act, Mr O'Leary was appointed a Commissioner of the Law Reform Commission by the Government for a term of five years from January 2nd 1987, on secondment from his position at the DPP's office.
He was reappointed for a further term of five years with effect from January 2nd 1992, also on secondment.
His appointment with the Law Reform Commission expired on March 1st 1997. He accepted an additional two-month appointment to assist the Commission. Subsequently he had discussions as to the terms of his return to the Civil Service.
Mr Justice Quirke said he was satisfied on the evidence that the respondents entered into a contract with Mr O'Leary and agreed to his promotion within the Civil Service to a position which was unique within it in that it was to rank significantly above the rank of deputy secretary and slightly below secretary (general service).
The judge said he was satisfied that the respondents agreed to Mr O'Leary's promotion and that the Finance Minister made an arrangement with him fixing the conditions governing his promotion in order to facilitate his appointment as a Commissioner in accordance with the expressed wishes of the Government at that time.