The December issue of Irish Employment Law Update is now live for subscribers of Irish Employment Law.
In this month's edition, Paul Kilraine BL writes about the case of John Barrett v The Commissioner of An Garda Síochána and The Minister For Justice which was an appeal of a refusal of an interlocutory injunction by the High Court
The appellant was the Executive Director of HR and People Development with An Garda Síochána and a member of its Senior Leadership Team and was the subject of a disciplinary process commenced by May 2018, and the process was expanded by Commissioner Drew Harris in October 2018. It involved an investigation by a senior counsel, with the appellant participating for a significant period of time, and being represented by a solicitor, junior and senior counsel before later withdrawing.
An investigation report was furnished to the Minister for Justice, and a recommendation was made in December 2020 by the Commissioner that the appellant be dismissed.
The appellant issued proceedings in July 2020 claiming that the disciplinary process was legally flawed in a number of respects, but only sought interlocutory relief on 30 December 2020.
The appellant complained about the lack of fair procedures in the process, both in relation to the initiation and conduct of the proceedings, including allegations of conspiracy. The appellant contended that the disciplinary process constituted a ‘detriment’ which he was caused to suffer as a result of making ‘protected disclosures’ within the meaning of the Protected Disclosures Act 2014.
There were seven alleged protected disclosures made by the appellant that were before the court for consideration.
 IECA 112 ‒ 8 May 2023 ‒ Noonan J, Ní Raifeartaigh J, Binchy J
Protected Disclosure; penalisation; Interlocutory Injunction; Protected Disclosures Act 2014; Clarke v CGI Food Services  3 IR 389; Baranya v Rosderra Fresh Meats  IESC 77; A.K. v U.S.  IECA 65
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