A whistleblower penalisation claim by a senior Garda detective is now being heard behind closed doors at the Workplace Relations Commission (WRC).
Det Supt Brian O’Reilly is pursuing a complaint under the Protected Disclosures Act 2014 against An Garda Síochána, which was set down for hearing before the tribunal on Thursday and Friday.
On Thursday morning, the State moved an application for a hearing in private. The media was subsequently directed out of the room.
Adjudication officer Davnet O’Driscoll later confirmed that she had granted the State’s motion.
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Some outline details of the case were opened before the WRC last November when O’Driscoll convened a preliminary hearing.
In addition to his WRC complaints, O’Reilly had pursued an action at the Circuit Court seeking an injunction in relation to the classification of his absence from work under Garda sick-pay policy.
One of the acts of penalisation alleged by O’Reilly was that he had been “denied” the “Code 1137” classification applied to an injury on duty, with implications for the continuation of his pay.
The application for interim relief was turned down by Judge John O’Connor last November.
O’Reilly had further alleged he was subject to “oppressive and aggressive management”, had firearms training withheld, suffered impaired professional development and was denied a long-term acting-up allowance as penalisation for raising protected disclosures, the WRC was told last year.
He also claimed he had been “undermined” and “ostracised” at work and that his name was “blackened”.
Barrister Conor Power, for the State, pointed to a “duplication of proceedings” between the WRC and the High Court.
Rosario Boyle, appearing with Conor Duff as barristers for O’Reilly, instructed by solicitor Susan Gray, said at that stage that the judge’s ruling was only “being considered” with a view to either challenging it by way of a judicial review, or a High Court appeal.
“Supt O’Reilly is not pursuing in the High Court anything subject to a complaint before this body,” Boyle added.
The case was adjourned for new legal papers to be filed.
High Court records show O’Reilly’s solicitors filed notice of appeal last month.
As well as the Protected Disclosures Act matter, O’Reilly had also referred secondary statutory complaints to the WRC alleging breaches of the Safety, Health and Welfare at Work Act 2005 and the Payment of Wages Act 1991.
