A Workplace Relations Commission adjudication officer found it could not hear Patrick Gorman’s complaint against the Minister for Defence, and that it was lodged outside the time limit. The decision was dated 30 May 2024.
Gorman, a retired Sergeant in the Aer Corps, alleged that he was penalised when he was not offered a retirement function, linking the omission to protected disclosures. He argued that it was ongoing and that advice to approach the Defence Forces Ombudsman contributed to the delay. The Minister disputed that the complaint met the statutory time limit.
The WRC found that Defence Forces personnel did not qualify as employees for this complaint under the Protected Disclosures Act, so it lacked jurisdiction. It also found that the complaint was late and that Gorman had not shown reasonable cause to extend the deadline. The merits were not decided.