Courts / Dublin / Report
Garda sergeant who was cleared of assault on juvenile criminal too late for lost earnings claim, WRC finds
Summary
A garda sergeant who was cleared of assault on a juvenile criminal has been informed he is too late to claim lost earnings from the 17 months he spent on suspension. The Workplace Relations Commission (WRC) rejected his complaint under the Organisation of Working Time Act 1997, stating it was filed more than six months after his employment ended. Sergeant Damien Kirwan, with nearly 30 years of service, was suspended in May 2021 following an allegation of assault. He retired in December 2022 after being found not guilty of the charges in May 2023. His claim was submitted in March 2024, nearly 18 months after his retirement. Adjudicator Catherine Byrne ruled she had no power to consider the complaint due to the delay. Garda management was represented by Stephen Hanaphy BL, instructed by Bryan McNamara of the Chief State Solicitor's Office.
Who, what, where, when and why
What: Report matter: Garda sergeant who was cleared of assault on juvenile criminal too late for lost earnings claim, WRC finds. Charges or matters: assault causing harm; false imprisonment. Procedural stage: sentence
When:
- 4 May 2021 Incident
- December 2022 Incident
- May 2023 Incident
- March 2024 Other
- 2025-02-24 Publication
Why: In a decision just published, adjudicator Catherine Byrne found she had "no power" to consider Sgt Kirwan's complaint because it had been filed with the WRC more than six months after his employment had ended. CNI source report
Case subjects
Applicant
Charges: assault causing harm; false imprisonment (Alleged Or Contested)
Places mentioned
- attached to Sundrive Road Garda Station
- Sundrive Road
Topics
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