The Appellant, Ms. Damhnait Nic Bhrádaig, is employed as a school secretary in Mount Anville Secondary School since 8th July, 1991. Her salary is funded entirely by private funds raised through the fee structure in operation in the school. Mount Anville is a fee paying private school. Ms. Nic Bhrádaig has no pension rights arising from her employment and her pension is wholly privately funded.

The net legal questions before the Court was whether the appellant is a public servant governed by the provisions of the Financial Emergency Measures in the Public Interest (No. 2) Act 2009 (FEMPI Act (No. 2)) and whether a reduction in her salary was lawfully imposed by her employer under FEMPI (No. 2).

Both