Gillen v The Commissioner of an Garda Siochana & ors Posted In: Case Law
Case Reference IESC 3
Legal BodyIrish Supreme Court (IESC)
Type of Claim / JurisdictionDisciplinary and Grievance Issues
A Garda sought to prevent his employer from proceeding with a disciplinary investigation on the ground that the delay of approximately 5 years by the Employer in processing the alleged breaches of discipline on the part of the applicant was inordinate and inexcusable and breached the applicant’s right to natural and constitutional justice and fair procedures, was ultra vires and in breach of statutory duty and breaches his legitimate expectation that serious allegations of misconduct alleged against him pursuant to the Garda Siochána (Discipline) Regulations 1989 would be dealt with expeditiously.
The Supreme Court dismissed the Garda’s application notwithstanding the
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