A Workplace Relations Commission adjudication officer ruled that the WRC had no jurisdiction to hear two protected disclosure complaints brought by Corporal Anthony O’Donoghue against The Minister for Defence. The decision was dated 20 June 2024. The merits were not decided.
O’Donoghue alleged penalisation after making protected disclosures. He argued that EU whistleblowing protections applied and that the alleged workplace detriments came within the law’s definition of penalisation. The respondent argued that the WRC lacked jurisdiction and also disputed whether the alleged conduct was penalisation linked to protected disclosures.
The officer concluded that a member of the Permanent Defence Forces is treated as a worker, rather than an employee, for this remedy and cannot seek redress for penalisation through the WRC under the relevant provisions. The hearing closed before evidence on the allegations was heard.