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Labour Court upholds decision that Barry Tyndall’s penalisation appeal could not be heard

By Tadhg O'Sullivan

Historic decision · Decision date:

Place: no local area assigned from the source.

The Labour Court upheld an Adjudication Officer’s decision on Barry Tyndall’s penalisation complaints against Boyne Valley Foods/Boyne Valley Unlimited Company. In a determination dated 3 February 2020, it found it had no jurisdiction to hear the claims under the Prevention of Corruption Acts, so the appeal failed; the merits were not decided.

Tyndall appealed the finding that his complaints were misconceived. He said staff, including himself, generated incorrect invoices to increase bonus payments and that he was moved to a non-food area. He accepted his pay, hours and usual employment terms did not change.

The Court found the issues raised were relevant wrongdoings under the Protected Disclosures Act 2014. It therefore lacked jurisdiction to hear the claims under the Prevention of Corruption Acts and upheld the Adjudication Officer’s decision.

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