Labour Court to hear garda’s appeal over alleged workplace penalisation

The Labour Court ruled it could hear Philip V. Kirwan’s appeal over alleged workplace penalisation by the Department of Justice Equality & Law Reform. The determination was dated 13 June 2007. The Court held that the law could cover unfavourable treatment after it came into force, even if the related safety complaint had been made earlier. Kirwan, a garda who protected public buildings, said his subsistence allowance was stopped and his overtime opportunities reduced after he made a health and safety complaint in April 2005. The department argued that the alleged treatment occurred before the Safety, Health and Welfare at Work Act 2005 came into force on 1 September 2005. The Court said it had to hear the appeal itself and would hear evidence on whether later treatment occurred and was linked to his complaint; the merits were not decided.