The Supreme Court yesterday upheld a High Court ruling which overturned a decision by An Post to terminate its contract with a Co Cavan postmaster.
Mr Sean Tierney was appointed postmaster at Termon, Virginia, in 1993. In March 1996, An Post notified Mr Tierney of its decision to terminate his contract and Mr Tierney appealed.
An oral hearing took place and later Mr Tierney was notified of the decision to deny the appeal.
The termination was challenged by Mr Tierney in judicial review proceedings and, in July 1998, the High Court found in his favour. That decision was affirmed unanimously by the three-judge Supreme Court yesterday.
In the High Court, Mr Justice McCracken emphasised that it was not the court's function to determine whether An Post's decision was correct. Its function was to consider the method whereby that decision was reached.
In December 1995 two customers queried arrears of phone accounts they had paid to Mr Tierney. After a hearing the company wrote saying Mr Tierney's contract would end.
Mr Justice McCracken said the only complaint which led to the termination was that on three occasions Mr Tierney failed to return money paid for phone accounts and on six occasions failed to stamp the receipt.
Even taking into account that there had been problems some years earlier, dismissal was out of all proportion to the damage caused to An Post, he said.
Giving the Supreme Court judgment yesterday, Mr Justice Keane said if the matter had warranted an oral hearing, Mr Tierney was entitled to fair procedures in the conduct of that hearing. But, as the High Court judge found, fair procedures were not observed.