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Court of Appeal allows the appeal of the Minister for Employment Affairs and Social Protection, resulting in the dismissal of a plaintiff's proceedings seeking damages for alleged breaches of the protected disclosures legislation. The plaintiff had previously elected to pursue his claim through the Workplace Relations Commission (WRC), which was deemed statute-barred. The court found that the plaintiff's claim was bound to fail due to the clear obligation under statute to elect between the WRC route and the tortious route, with no exception where no substantive decision results from the election. The original decision of the trial judge not to dismiss the proceedings was overturned on the basis that the legal issue was not complex and was suitable for determination by motion.
Protected Disclosures Act 2014, Workplace Relations Commission (WRC), tort, election, statute-barred, Court of Appeal, Minister for Employment Affairs and Social Protection, unfair dismissal, penalisation, adjudication officer, Labour Court, High Court, Supreme Court, res judicata, section 13(2), Order 19 Rule 28, Rules of the Superior Courts (RSC), Statute of Limitations Act 1957, Unfair Dismissals Act 1977, constructive dismissal, remedy, redress, inherent jurisdiction, abuse of process.
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.
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