Jones Solicitors has acted for numerous employees seeking relief under the Protected Disclosures Act 2014. The Act provides important protection for workers who are dismissed or penalised because they have made a protected disclosure. In appropriate dismissal/penalisation cases, an employee may apply to the Circuit Court within a very short statutory time limit for interim relief, seeking continuation of their contract of employment, including pay and benefits, pending determination of their substantive claim before the Workplace Relations Commission.
This remedy can be critically important. Where the necessary proofs are met and the application is brought in time, the Court may order that the employee’s pay continues while the underlying protected disclosures claim is being determined, helping the employee meet financial obligations during that period. Jones Solicitors represented the successful employee in Clarke v CGI Food Services Limited [2020] IEHC 368, the first reported High Court judgment concerning interim relief under the Protected Disclosures Act 2014. The plaintiff, a group financial controller, alleged that he had raised concerns about food safety and financial irregularities and was subsequently dismissed. The High Court dismissed the employer’s appeal and affirmed an order requiring the defendants to continue the plaintiff’s contract of employment, including pay and benefits, pending the final determination of his WRC protected disclosures claim and any appeal.
The judgment is significant because it confirms that a worker does not need to use the words “protected disclosure” or expressly invoke the 2014 Act when raising concerns. It also confirms that substantial grounds may exist where alleged performance issues arise only after an employee raises concerns about wrongdoing. The Court held that the plaintiff had established that it was likely there were substantial grounds for contending that his dismissal resulted wholly or mainly from having made protected disclosures.
If you have been dismissed or penalised after raising concerns about wrongdoing at work, it is essential to obtain legal advice immediately, as strict time limits apply.
Contact Jones Solicitors at: 00353 1 6853847 or info@jonessolicitors.ie
