ADJUDICATION OFFICER DECISION

Adjudication Reference:  ADJ-00051268

Parties:

Complaint:

Date of Adjudication Hearing:  06/08/2024

Workplace Relations Commission Adjudication Officer:  Catherine Byrne

Procedure:

1. On the form he submitted to the WRC setting out this complaint, the complainant, Corporal Anthony O’Donoghue, stated that his employer is “The Irish Air Corps - Department of Defence.” As a member of the Air Corps, I understand that Corporal O’Donoghue’s employer is the Minister for Defence and I have amended the name of the respondent on this Decision to reflect that fact.
2. In December 2022 and May 2023, Corporal O’Donoghue submitted complaints to the WRC under the Protected Disclosures Act 2014 (as amended by the Protected Disclosures Act 2022) against the Irish Air Corps – Department of Defence. In June 2024, I issued a decision in response to these complaints under ADJ-00043681.  I concluded that, as a member of the Air Corps, which is a branch of the Permanent Defence Forces, the complainant’s role is defined as a “worker” and not an “employee.”  As a worker, he is not entitled to seek redress under Schedule 2 of the Protected Disclosures Act 2014, and therefore, I have no jurisdiction to hear a complaint of penalisation against the Minister for Defence. 
3. Before a decision on that complaint was issued, on April 10th 2024, Corporal O’Donoghue submitted a third complaint under the Protected Disclosures Act against the Irish Air Corps – Department of Defence. In accordance with section 41 of the Workplace Relations Act 2015, that complaint was assigned to me by the Director General and a hearing was scheduled for August 6th 2024.  Corporal O’Donoghue attended the hearing alone and represented himself.  The Minister for Defence was represented by Mr Hugh Guidera BL, instructed by Ms Jennifer Murray of the Office of the Chief State Solicitor.  Ms Murray was accompanied by Ms Sarah Donohoe.  Also in attendance were Ms Norma Skehan and Ms Ann Howard from the Defence Forces Personnel Policy Section and Mr Keefe Meehan from the Defence Forces Grievance Management Office.
4. On the date that this complaint was listed for a hearing, my decision on Corporal O’Donoghue’s first two complaints, under ADJ-00043681, had been issued to the parties. When the hearing opened, Corporal O’Donoghue informed me that he had appealed that decision to the Labour Court.  Both parties agreed to adjourn the hearing of this complaint and to await the outcome of the appeal.
5. I understand that an appeal hearing was scheduled for June 2nd 2026, but that the appeal was withdrawn prior to the hearing.

Decision:

6. Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under Schedule 6 of that Act.
7. My conclusions in respect of this complaint are the same as the conclusions I reached in ADJ-43681, which has not been appealed. As I have no jurisdiction to hear a complaint of penalisation against the Minister for Defence, I decide that this complaint is not well founded.

Dated:   07/08/2026

Workplace Relations Commission Adjudication Officer:  Catherine Byrne

Key Words: Protected disclosure, definition of “employee” and “worker”