In a recent case of Hosford v Minister for Employment affairs and social protection, an application was brought for damages under Section 12 of the Protected Disclosures Act 2014, which prohibits penalisation of an employee for seeking protected disclosure.
However, in this case the employee in question had already pursued a claim citing discrimination as a result of a protected disclosure under the Unfair Dismissals Act. He was deemed to be out of time and as such his claim to the WRC was dismissed.
By reason of the fact that he had already brought a claim to the WRC in relation to the protected disclosure issue, it was determined that he could no longer pursue a claim under Section 12 i.e. he had already exhausted his attempt to pursue a legal remedy.
The takeaway from this case is that Plaintiffs have to be very clear as to which remedy they wish to pursue in relation to protected disclosure claims and that they are not out of time in relation to whichever route they choose.
For further information on this or any other employment related matter please do not hesitate to contact Brendan Dillon or Donna Phelan on (01) 296 0666
