Court crier launches High Court action against Courts Service

The action has been taken by Martin Walsh, who has been the tipstaff or crier to Judge Doirbhile Flanagan of the Circuit Court since 2012.

He also has worked in a similar role with other judges since 2001 after he retired from the Defence Forces.

Last August he was informed by the Court Service that, due to the retirement of Judge Flanagan, his employment would be terminated in December.

Represented by Ken Fogarty SC and James Doran BL, Mr Walsh brought judicial review proceedings against his employer on Friday, claiming that the decision is unlawful because he has acquired a contract of indefinite duration.

He argues that the initial terms of his contract were that his appointment was temporary, but in 2005 he was appointed to an established position as a court crier within the court services.

Despite holding talks with HR representatives of Court Service, he claims the situation has not been resolved.

In his judicial review action, Mr Walsh seeks various orders and declarations including an order quashing the Court Service’s decision to terminate his employment, and an order compelling the Court Service to maintain Mr Walsh in employment.

Mr Walsh also seeks declarations including that in accordance with sections of the Protection of Employees (Fixed-Term Work) Act 2003, he has acquired a contract of indefinite duration by operation of law.

Permission to bring the case was granted, on an ex parte basis, by Mr Justice Charles Meenan. The case will return before the court at a later date.

Aodhan O Faolain, Ireland International News Agency Ltd.