The Workplace Relations Commission found Don Culliton’s protected disclosure complaint against the Department Of Justice was not well founded. The decision, dated 25 October 2023, concerned his claim that he was penalised after raising concerns about an investigation into another employee’s complaint.
Culliton, then Head of Human Resources in the Irish Prison Service, said four communications he made in September and October 2019 were protected disclosures. He argued that later changes to the investigation and findings against him were detriments. The Department disputed that the communications qualified as protected disclosures and that he had suffered penalisation.
The adjudication officer found the communications questioned and criticised the investigation process but did not provide information about relevant wrongdoing, as required for a protected disclosure. With no protected disclosures established, the question of penalisation did not arise. The officer nevertheless criticised the Department’s handling of the investigation, including changing Culliton’s status and altering its terms of reference.