Delays in Disciplinary Proceedings

Posted in : Comyn Kelleher Tobin on Employment Law Precedents on 3 February 2012
Eamon Harrington
Comyn Kelleher Tobin
Issues covered:

Today's article looks at a Supreme Court case where a Garda argued that a five year delay in a disciplinary process had prejudiced his right to a fair hearing.

Case Name And Reference: Gillen v The Commissioner of an Garda Siochana & ors [2012] IESC 3 (26 January 2012)

Court Or Tribunal: Supreme Court

Jurisdiction/Subject Matter: Application by Garda to restrain Employer from continuing with an Investigation. Public interest.


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

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This article is correct at 06/08/2015

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Eamon Harrington
Comyn Kelleher Tobin

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