The Garda Representative Association (GRA) has lost an appeal over the introduction of changed regulations on sick pay in March 2014.
A three-judge Court of Appeal dismissed the GRA’s appeal against an October 2014 decision of the High Court rejecting its challenge against the Minister for Public Expenditure and Reform Brendan Howlin.
It also dismissed a cross-appeal by the Minister over the decision not to award costs against the GRA.
The GRA claimed the regulations were in breach of fair procedures and/or of its legitimate expectation.
It said Mr Howlin did not have the power the make the regulations without providing a derogation for the GRA, as gardaí had always been treated more favourably than other public servants under the previous sick leave regime due to the nature of the job.
The GRA said it was given an assurance, amounting to legitimate expectation, that the regulations would not come in prior to the conclusion of negotiations which were due to conclude in June 2014.
The Minister rejected the case for a derogation and said there was sufficient time for consultation.
Ms Justice Mary Finlay Geoghegan said the law under which the regulations were introduced meant the Minister was exercising “what is truly a delegated legislative power”.
She accepted the the power could only be exercised in relation to public servants, but said “public servants” include a broad range of people.
The Oireachtas clearly envisaged in the power it gave to the Minister that the regulations to be made were “intended to diminish the then current entitlement of public servants to sick pay”.
The Minister is obliged to balance the financial situation with the need to protect the health of public servants who are unable to work due to illness or injury.
The decision as to how to balance these matters involves policy considerations, she said.
In relation to the complaint over consultation about the changes, Ms Justice Finlay Geoghegan said: “The court is only concerned with obligations imposed by law on the respondents to consult.”
The Minister had other considerations, including industrial relations issues, which he properly took into account, she said.
She said the GRA was on notice since 2012 of the intention to introduce public service-wide sick pay reforms.
It was also informed of a Labour Court recommendation that the regulations be introduced across the public service generally.
While there were failures to communicate a change in relation to gardaí, by January 2014, the draft regulations expressly included gardaí.
Mr Justice Gerard Hogan said while the GRA was understandably aggrieved, this did not give any legal ground of objection as to how the rules were brought in.
In relation legitimate expectation, he said any such expectation could not prevail in view of the law which brought in the regulations.