Garda HR director fails to retain injunction preventing his dismissal

The High Court has dismissed a bid by an Garda Siochana’s HR director John Barrett to have an injunction kept in place pending the outcome of his action aimed at preventing the Minister for Justice from dismissing him from his job.

In her judgement Ms Justice Siobhan Stack held that Mr Barrett was not entitled to the injunction.

The judge, while not ruling on the outcome of the claim, said she was satisfied that at this stage of the proceedings Mr Barrett had nor raised a serious question that would allow the court to grant the injunction.

Mr Barrett was appointed as An Garda Siochana’s Executive Director Human Resources and People Development in 2014 but was suspended from his role in late 2018.

In his action Mr Barrett claims he was suspended from his position in 2018 after he made several protected disclosures to the Dáil Public Accounts Committee (PAC), and to the Disclosures Tribunal.

He claims that the disciplinary process, which he had disengaged with due to his unhappiness with the lawfulness of the process, is flawed.

He denies any wrongdoing.

In late 2020 Mr Barrett initiated injunction proceedings aimed at preventing Minister Helen McEntee, based on a recommendation made by the Commissioner Drew Harris, from terminating his employment.

Mr Barrett, who denies any wrongdoing, claims that such a move would be unlawful, and arises following what he claims is a flawed internal civil service investigation into allegations against him.

The injunction sought would remain in place pending the outcome of his action.

Both the Minister and the Commissioner, who were represented in the proceedings by Conor Power SC opposed the injunction application.

The court heard that Commissioner Harris no longer has any trust or confidence in Mr Barrett as a member of the Garda senior management team.

Giving the court’s decision Ms Justice Stack said she did not see that there was a serious question to be tried in relation to Mr Barrett’s claims over the handling of complaints arising out of his protected disclosures, made against him.

The judge said it could not be said that the persons in handling the internal complaints against Mr Barrett were acting in an oppressive or illegal fashion, unless there was information showing that they knew this was so.

No such information was put before the court, the Judge said.

The fact that it was not produced “strongly suggests” it does not exist, the judge said.

The judge added that Mr Barrett had also not demonstrated that his case was likely to succeed at trial on the grounds that fair procedures had not been followed during the disciplinary process.

The judge said that while the Garda Commissioner had made complaints against Mr Barrett, the Commissioner had retained an independent lawyer to investigate if Mr Barrett’s alleged conduct amounted to serious misconduct.

This was an important safeguard, the judge said.

In addition, Mr Barrett had a right to appeal any decision to an Appeals Board that was independent of the commissioner,and which could overturn any decision made by the commissioner.

For his own reasons Mr Barrett had decided not to avail of his right to appeal. the judge said.

The appeal procedure was fully capable of affording full procedural rights to Mr Barrett, she said dismissing the application. The matter will return before the judge at a later date for final orders.

It is understood that Mr Barrett will appeal the ruling.