This website contains decisions and determinations of both the Labour Court and the WRC. It also contains decisions and recommendations of the Equality Tribunal since 1996 and post 2007 determinations of the Employment Appeals Tribunal. For more information click here

  Return to Search

PDD259

null

PD/24/15

DECISION  NO.   PDD259

SECTION 44, WORKPLACE RELATIONS ACT 2015
PROTECTED DISCLOSURES ACT 2014


PARTIES:

MINISTER FOR AGRICULTURE, FOOD & THE MARINE
(REPRESENTED BY CATHY SMITH, S.C.
INSTRUCTED BY CHIEF STATE SOLICITORS OFFICE)

AND
PADRAIC O'TOOLE
(REPRESENTED BY MICHAEL KINSLEY, B.L.
INSTRUCTED BY J.O.S. SOLICITORS)



DIVISION:

Chairman: Ms O'Donnell
Employer Member: Ms Doyle
Worker Member: Ms Hannick



SUBJECT:

Appeal of Adjudication Officer Decision No's: ADJ-00045437 (CA-00056225-001)


BACKGROUND:

The Employer appealed the Decision of the Adjudication Officer to the Labour Court on 31 May 2024. A Labour
Court hearing took place on 21 May 2025.
The following is the Court's Decision.


DECISION:

This is an appeal by Department of Agriculture, Food and the Marine (the Respondent) against Decision ADJ-00045437 CA-00056225-001 of an Adjudication Officer under the Protected Disclosures Act, 1991 (the Act).  The Adjudication Officer held that the complaint was well founded and awarded compensation. 

Background

The Complainant lodged his complaint with the WRC on 21 April 2023. The reckonable period for the purpose of the Act is 22 October 2022 to 21 April 2023.

 At the commencement of the hearing Mr Kinsely BL for the Complainant informed the Court that

  • 1) That there was no penalisation within the period which was 6 months prior to the lodgement of his complaint with the Workplace Relations Commission.
  • 2) All other allegations of penalisation made by the Complainant in this complaint are outside of the 6-month period.
  • 3) The Complainant is not making an application to the Labour Court to extend the time in relation to those complaints.

Ms Smith SC requested that based on the above submission the decision of the Adjudication Officer be set aside.

Decision

The Court having heard both parties in this case upholds the appeal.

The decision of the Adjudication Officer is set aside.

The Court so decides.

Signed on behalf of the Labour Court
Louise O'Donnell
AR ______________________
09 June 2025 Deputy Chairman



NOTE

Enquiries concerning this Decision should be addressed to Mr Aidan Ralph, Court Secretary.