The Labour Court disallowed Hazel Delahunt’s appeal and affirmed the Rights Commissioner’s decision on her penalisation claim against An Garda Siochana. Its determination was dated 3 September 2013. Delahunt, a sergeant-in-charge at a Garda station in Co Tipperary, said she was penalised after making a workplace health and safety complaint.
She relied on disciplinary investigations, the refusal of representation at a meeting and a letter to her solicitors. The Court said an investigation could amount to a detriment in some circumstances, but found that the investigations described in her claim were initiated under statutory powers and were not alleged to have been malicious or intended to undermine trust and confidence. It also found the refusal of representation and the correspondence could not affect her employment terms or conditions.
The Court decided a preliminary question of law, considering the alleged facts at their highest. It concluded that the alleged acts were incapable in law of amounting to detriment and disallowed the appeal. The determination did not decide whether the alleged acts had occurred.