A former county councillor and a law teacher has brought a High Court challenge over a refusal to grant her incremental salary credits for former roles she carried out.
The action has been brought by Dr Toiréasa Ni Fhearaiosa, a full-time law teacher and course co-co-ordinator at Kerry Education and Training Board.
She is also a former Sinn Féin councillor and cathaoirleach of Kerry County Council, and was the party's unsuccessful candidate in the 2009 elections for the European Parliament.
Her father, Martin, is a former TD for Kerry.
In 2022, she applied under a scheme granting teachers salary credits, known as 'the Scheme for the Award of Incremental Credit to Teachers at Second Level,' which recognises a teacher's past employment.
The scheme gives credits for teaching work done in Ireland, or in another EU member state, as well as for other relevant service, including non-teaching experiences.
The court heard that she began working for Kerry ETB in 2003, and since 2011 has been employed on a contract of indefinite duration.
She currently teaches subjects including business law, criminal law, ethics, and conflict resolution.
Under the scheme she applied for salary credits for her past employment, including six months in 2001 when she worked as an accounts payable assistant with a company called Ingredients Kerry de Mexico.
She also sought credits for three months in 2002 when she worked as an intern and legal researcher for US law firm D'Amato, Keegan, and Duggan, and for three months in 2003 she worked as a constituency advice clinic manager for Sinn Féin.
She further sought credits for the period between September 2003 and January 2007 when she was an elected member of Kerry County Council.
She claims that the applications made under the scheme are decided on by the Minister for Education.
However, her application was refused on grounds including that her work with Ingredients Kerry de Mexico was not relevant, and that her employment with Kerry County Council was "not remunerated under a full-time contract of employment, certified by the employer at the time to have been satisfactory."
Her time as a Sinn Féin advice clinic manager was deemed not to fall within the scope of the scheme as it was unpaid and needed to be remunerated under a whole-time contact of employment.
No reference was made to her time at the US law firm, which at the time of her application no longer existed.
She appealed that decision to a committee chosen by the Minister for Education, and made submissions challenging the reasons for the refusal.
Last March the appeal committee informed her that it was upholding the Department's decision not to grant the incremental credit, and that its decision was final.
In proceedings against the Minister for Education and the Appeal Committee, the applicant claims that the committee's decision is flawed and should be set aside on grounds including that there was a failure by it to provide reasons for its findings.
The committee erred in law and also failed to have proper regard for her submissions and representations, she claims.
The decision was also irrational, unreasonable and was made in breach of fair procedures, she argues.
It is further argued that the scheme is unlawful on the grounds that it excludes from consideration periods in public office, or period spent in the employment of persons who are deceased or defunct.
Kerry ETB is a notice party to the judicial review proceedings.
Represented by Mark Harty SC, with James Kane BL, the applicant seeks various orders and declarations from the court including an order quashing the respondent's decision to uphold findings, communicated to her in March 2024, that she is not entitled to the incremental salary credits sought for her past employment.
She also seeks a declaration that the scheme is unlawful and if necessary a order striking down parts of the scheme.
The matter came before Ms Justice Niamh Hyland on Monday. The judge, on an ex-parte basis, granted the applicant to bring her challenge.
The matter will return before the court in July.
