Courts / Tipperary / Report
Garda HR director fails in appeal bid over injunction preventing his dismissal from role
Summary
The Court of Appeal has dismissed an appeal by John Barrett, the suspended Garda Siochana HR director, who sought an injunction to prevent the Minister for Justice from terminating his employment. The three-judge panel, comprising Ms Justice Una Nic Raifertaigh, Mr Justice Seamus Noonan, and Mr Justice Donald Binchy, upheld the High Court's refusal to grant the injunction, citing a significant delay by Mr Barrett in seeking the remedy. Although Mr Barrett commenced proceedings in June 2020, he did not apply for the injunction until December 2020. The court noted that Commissioner Drew Harris no longer holds trust or confidence in Mr Barrett. Mr Barrett claims he was wrongfully suspended in 2018 following protected disclosures to the Dail Public Accounts Committee and the Disclosures Tribunal regarding financial irregularities at the Garda College in Templemore and the treatment of whistleblower Maurice McCabe. He denies any wrongdoing and alleges the disciplinary process is flawed. While the Court of Appeal disagreed with certain High Court findings regarding whether specific communications constituted protective disclosures under the 2014 Act, it determined this was insufficient to overturn the decision. The main action against the Minister and the Commissioner remains pending, with efforts underway to bring the case to trial.
Who, what, where, when and why
What: Report matter: Garda HR director fails in appeal bid over injunction preventing his dismissal from role. Procedural stage: appeal
When:
- May 2018 Other
- July 2020 Other
- December 2020 Hearing Or Sentence
- 2023-05-08 Publication
Case subjects
Applicant
Applicant
Places mentioned
- Court of Appeal
- High Court
Topics
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