The High Court heard that Garda, who won a lawsuit last year to prevent dismissal for failing to pass the fitness test, has not returned to work.
ublin-based Garda Orlaith Fahy succeeds in abandoning Garda Commissioner’s decision to dismiss her after Judge Max Barrett has decided to dismiss her for being illegal during the probationary period. did.
Garda Fay, who was stationed in Finglas and Blanchardstown, graduated in 2016 and began his career as a trainee Garda.
Her probationary period was extended to allow her to pass certain fitness tests that failed several times after she was injured.
The commissioner, resulting from the failure, decided to discontinue her service in February 2020.
Judge Barrett claimed in his ruling that the commissioner did not act legally and effectively dismissed her as a prosecutor when she was no longer a prosecutor.
On Monday, Judge Charles Meenan was told by Garda Fay’s lawyer Mark Hearty SC that his client had not returned despite Judge Barrett’s decision last July. rice field.
The lawyer said Garda Fay’s lawyer wrote to the Secretary on this issue.
The only response they received was to have a letter informing her that the problem was “in the legal department.”
The lawyer said his client had been absent from work for the past two years and the committee’s response was unacceptable and extreme in character.
Given the time elapsed, it is her case that Judge Barrett’s decision has been weakened and ignored by the Secretary, which is alleged.
A lawyer resulting from her failure to return said a new judicial review procedure had to be taken seeking an order to instruct the commissioner to return her immediately.
In her actions, she also seeks orders to immediately recover her salaries, allowances, pension contributions, delinquency and other benefits.
She further seeks declarations, including that the commissioner illegally and unlawfully interfered with her career and violated her employment and constitutional rights.
The lawyer agreed that Judge Minan described Garda Fay’s situation as “deadlocked.”
He was pleased to grant Garda Fay permission, a new proceeding against the Commissioner, on an assessment basis (represented by only one side).
Noting the answers her lawyer received, the judge said the situation from Garda Fay’s point of view was “not in a good position to find herself.”
The incident will return later this month.
