Courts / Dublin / Report

Garda who won fitness test case still 'left in limbo'

Summary

In a High Court hearing, Garda Orlaith Fahy, who had successfully challenged her dismissal in 2021, remains without duty. Fahy, a probationary Garda from Finglas and Blanchardstown, failed a fitness test after an injury and was dismissed by the Garda Commissioner in February 2020. Mr Justice Max Barrett ruled the dismissal unlawful, but Fahy has not been reinstated. Her counsel, Mark Harty SC, informed Mr Justice Charles Meenan that despite the July ruling, the Commissioner has not acted, and that the only response received is a letter stating the matter is "with the legal department". Fahy has been out of work for two years and seeks fresh judicial review to order immediate reinstatement, salary, allowances, pension contributions, arrears and other benefits, and declarations that the Commissioner unlawfully interfered with her career and breached her employment and constitutional rights. Mr Justice Meenan agreed to allow new proceedings and noted Fahy's situation as "left in limbo.".

Who, what, where, when and why

What: Report matter: Garda who won fitness test case still 'left in limbo'. Procedural stage: trial

When:

• February 2020 Hearing Or Sentence
• 2022-04-04 Publication

Places mentioned

Topics

Stage Trial

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Read the original CNI report