€25k Awarded for Penalisation Due to a Protected Disclosure But it May be Challenged as Being Out of Time

Facts: In the WRC case of Padraic O’Toole v. Department of Agriculture, Food & The Marine (ADJ-00045437), the Complainant alleged that he was penalised by the Respondent for making two protected disclosures.

The Complainant commenced employment with the Respondent in March 2018 as a General Operative and was responsible for the day to day running and maintenance of the marina at Rosaveel, Co. Galway. He carried out the role of Marina Superintendent from 2019 and April 2020 he took up the role of Harbourmaster in an acting up capacity until the new Harbourmaster was appointed in March 2021.

The Complainant alleged that he made a protected disclosure in February 2022. He uncovered discrepancies in the payment of overtime to members of staff at the harbour. The Complainant alleged that he brought these concerns to the Harbourmaster regarding the payment of overtime when it was not due and he was met with an extremely hostile response.

The Complainant alleged that he made a second protected disclosure on 23^rd June 2022 at a meeting with Mr Clancy, the Chief Engineer. During this meeting the Complainant raised a number of detailed allegations of wrongdoings committed by the Harbourmaster. The Respondent dealt with these allegations under the Disciplinary Policy against the Harbourmaster rather than the Protected Disclosure Policy. Only one of the allegations was upheld against the Harbourmaster, which was driving a government vehicle with a non-government person in it.

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