The Labour Court dismissed Mr John Dunphy’s penalisation appeal against Wicklow County Council after finding the claim moot. The Court signed its determination on 11 March 2013, affirming the Rights Commissioner’s decision.
Mr Dunphy, an Executive Engineer and safety representative, said the council reverted him to his substantive grade and withdrew his acting-up allowance after he complained of bullying. The council denied the change was linked to his complaint. It argued that a settlement barred the later claim; Mr Dunphy said it covered only his Industrial Relations Act claim.
That separate settlement provided €4,000 in full and final settlement of the allowance dispute, without prejudice as to liability. The Court noted that Mr Dunphy sought no further redress for that grievance and concluded that a declaration of penalisation would have no practical significance. The appeal failed on procedural grounds; the Court did not decide whether the council had penalised him.