Trusted by the judiciary, government lawyers, prosecutors, and many leading counsel. Click here to request a subscription.
Trusted by the judiciary, government lawyers, prosecutors, and many leading counsel.
Click here to request a subscription.
No structural bias arose from connection between Labour Court and Department of Enterprise
|
or click here to request site subscription to search and view all judgments |
High Court refuses judicial review of three decisions of the Labour Court concerning a retired employee of the Minister for Enterprise, Trade and Employment who had made a protected disclosure in 2015, and retired aged 65 in 2019, on the grounds that: (a) the Labour Court had correctly determined that one complaint was out of time; (b) the connections between the Labour Court, the Workplace Relations Commission and the Department of Enterprise were not such as to give rise to a reasonable apprehension of structural bias; and (c) a claim that his application to be retained in employment past his 65th birthday had been wrongfully refused was moot, as he had withdrawn the application.
Judicial review - decisions of the Labour Court - employment by government minister as labour inspector - retirement in 2017 - protected disclosure in September 2015 - whether subjected to a sustained campaign of penalisation - employed from 1999 in civil service - allegation that 'trumped up' allegations made against employee - application to be retained in employment beyond 65th birthday - grounds of hardship - application withdrawn - sick leave - disciplinary process - whether complaint statute-barred - applications made more than three months after decisions - attempt to lodge papers within time limit - delays due to pandemic - complaint to Labour Court out of time.
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
