John Barrett v The Commissioner of An Garda Siochana [2023]
Decision Number: IECA 112 Legal Body: Court of Appeal
Published on: 29/04/2025
Article Authors The main content of this article was provided by the following authors.
Duncan Inverarity Employment Mediator (CEDR Accredited) and Investigator
Duncan Inverarity Employment Mediator (CEDR Accredited) and Investigator
Duncan inverarity 100x100

Duncan Inverarity is a former a partner and Head of A&L Goodbody's Employment Law group and practiced exclusively in the area of employment law and industrial relations in multiple jurisdictions. Duncan advised public and private sector employers on both contentious and non-contentious matters. He advised Board rooms across Ireland and abroad on strategic and complex employment and industrial relations matters. Duncan also specialised in crisis management for clients and advised on some of the most high profile corporate issues in Ireland. Duncan regularly appeared for clients in the Workplace Relations Commission, the Circuit Court, the High Court, the Court of Appeal and the Supreme Court. Duncan also acted for partnerships in mediated settlements and in proceedings in the High Court.

Duncan now works as an Employment Mediator (CEDR Accredited)  and Investigator. 

Applicant/Appellant:
John Barrett
Respondent:
The Commissioner of An Garda Siochana
Background

The plaintiff made an application for an injunction to prevent the Minister for Justice from making a decision as to whether the plaintiff's employment should be terminated following a recommendation made by the Commissioner of An Garda Síochána. While Ní Raifeartaigh J agreed with the High Court decision that the application ought to be dismissed on grounds of delay, the judge took the opportunity to provide useful guidance as to the application of the Protected Disclosures Act 2014 (the 2014 Act) and its interaction with interlocutory relief.

Outcome

The Judge rejected the appellant’s argument that the principles set out in Roland prevented him from applying for interlocutory relief sooner, noting that applicants are expected to act with expediency in

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Disclaimer The information in this article is provided as part of Legal Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article. This article is correct at 29/04/2025
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