Saturday 24 August 2019

Garda facing sack fails to block hearing

Stock Picture
Stock Picture
Shane Phelan

Shane Phelan

The High Court has cleared the way for a Garda appeals board to decide whether a member of the force who claims to have been bullied on the job should be dismissed for not turning up to work.

Mr Justice Senan Allen refused Garda Máire O'Reilly an interlocutory injunction preventing the appeals board hearing from proceeding.

It had been due to meet on January 10 to consider her appeal against a 2014 board of inquiry recommendation she be dismissed.

But the day before it was due to meet she got an interim order restraining it from going ahead.

This order was lifted by Mr Justice Allen last week.

He found there was no basis on which Gda O'Reilly could seek to restrain the appeal hearing.

Gda O'Reilly was stationed at Manorhamilton garda station in Co Leitrim but was on certified sick leave between March 22, 2008, and December 31, 2009. According to Mr Justice Allen's ruling, she has not submitted medical certificates in respect of her absence from duty since then.

The court heard she made a 90-page complaint of bullying on December 21, 2009.

The complaint was investigated by a chief superintendent and was not upheld.

In the same ruling, Mr Justice Allen refused to grant a request from the Garda Commissioner for an Isaac Wunder order against Gda O'Reilly. This is a rarely used order which requires a litigant to apply to the court for prior consent before they can issue fresh proceedings.

He found the commissioner had failed to satisfy the court Gda O'Reilly's action was in its entirety frivolous or vexatious.

Irish Independent

Editor's Choice

Also in Irish News