CJD231

PARTIES:

DIVISION:

SUBJECT:

Appeal Of Adjudication Officer Decision No(s)ADJ-00019471 CA-00025433-002

BACKGROUND:
The Worker referred her case to the Labour Court on the 18 April 2023, in accordance with Section 20(2) of the Criminal Justice Act, 2011.   A Labour Court hearing took place on the 9 November 2023.

DECISION:

This is an appeal by Ms Eve Doherty (the Complainant) against Adjudication officer’s Decision ADJ-00019471, CA- 00025433-002 given under the Criminal Justice Act 2011(the Act) in a claim that her employer during the relevant period, (An Garda Siochana), breached the Acts penalising her for making a protected disclosure. The Adjudication Officer did not uphold her complaint. 

 The complaint was lodged with the WRC on the 30th of January 2019 and therefore the cognisable period as defined by the Act is the 31st July 2018 to 30th January 2019. This case is linked to TE/23/35. 

Background   

The Complainant was employed as a member of An Garda Siochana. During the relevant period she was on unpaid suspension as she was serving a 20-month prison sentence.   The Complainant submitted that by placing her on unpaid suspension during that period the Respondent penalised her for making a protected disclosure. The Respondent disputes that the Complainant made a protected disclosure as provided for under the Act and that she was penalised for so doing.   

Preliminary issue 

 The Criminal Justice Act at section 20 (6) defines disclosure as 

  “in relation to an employee, means a disclosure by the employee to a member of the Garda Siochana of information which he or she knows or believes might be of material assistance in- 

 (a) Preventing the commission by any other person of a relevant offence, or 

 (b) Securing the apprehension, prosecution or conviction of any other person for a relevant offence;” 

 The Complainant confirmed to the Court that she did not make a disclosure to a member of An Garda Siochana as required by the Act. 

Decision 

The Court determines that as the Complainant did not make a complaint to a member of An Garda Siochana as required by the Act, her complaint must fail. 

 The appeal fails. The decision of the Adjudication officer is upheld.
 

	Signed on behalf of the Labour Court
	Louise O'Donnell
TH	______________________
23 November 2023	Deputy Chairman

NOTE

Enquiries concerning this Decision should be addressed to Therese Hickey, Court Secretary.