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ARTICLE · 07 MAY 2019

Kerins Decision: A Cautionary Tale For Employers

The High Court rejected Ms Kerins' challenge to her treatment before the PAC hearings during the course of its examination of State funding to the Rehab Group in 2014.

IrelandEmployment and HR

BACKGROUND

The High Court rejected Ms Kerins' challenge to her treatment before the PAC hearings during the course of its examination of State funding to the Rehab Group in 2014. She appealed the ruling to the Supreme Court. Ms Kerins voluntarily attended the first hearing in February 2014 and alleged that the treatment of her at that hearing resulted in shock, stress and anxiety requiring hospitalization, and an attempt to take her own life.

The PAC denied her claims and argued that it was entitled to scrutinise how public monies are spent, given that Rehab companies were in receipt of approximately €83 million of public monies annually, and that Ms Kerins had received a €240,000 salary. The High Court had said that, due to the separation of powers, the courts could not intervene in how hearings were conducted before the PAC.

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This article contains a general summary of developments and is not a complete or definitive statement of the law. Specific legal advice should be obtained where appropriate.

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