Clarke v CGI Food Services Ltd & Anor (Approved) [2020] IEHC 368 (31 July 2020)

Clarke v CGI Food Services Ltd & Anor (Approved) [2020] IEHC 368 (31 July 2020)

It is likely that there are substantial grounds for contending that the dismissal resulted wholly or mainly from the employee having made protected disclosures; therefore, the interim order for continuation of pay and benefits pending WRC determination is affirmed.

Citation
[2020] IEHC 368
Parties
Plaintiff/respondent: John Clarke; Defendant/appellant: CGI Food Services Limited; Defendant/appellant: CGI Holding Limited
Jurisdiction
Ireland
Judgment Date
31 July 2020
Procedural Posture
Appeal (interim Relief) / High Court Appeal From Circuit Court Interim Order
Outcome
Appeal dismissed; Circuit Court order affirmed.
Legal Topics
Protected Disclosures, Interim Relief, Unfair Dismissal, Whistleblowing, Employment Contracts
Employment Law Whistleblower Protection Protected Disclosures Interim Relief Unfair Dismissal Whistleblowing Employment Contracts

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Parties

John Clarke

Plaintiff/respondent

CGI Food Services Limited

Defendant/appellant

CGI Holding Limited

Defendant/appellant

Procedural Posture

Appeal (interim Relief) / High Court Appeal From Circuit Court Interim Order

Legal Issues

  1. 1 Whether the plaintiff made protected disclosures under the Protected Disclosures Act 2014
  2. 2 Whether the dismissal was wholly or mainly due to making protected disclosures
  3. 3 Whether interim relief (continuation of pay and benefits) is appropriate pending WRC determination

Ratio Decidendi

It is likely that there are substantial grounds for contending that the dismissal resulted wholly or mainly from the employee having made protected disclosures; therefore, the interim order for continuation of pay and benefits pending WRC determination is affirmed.

Court Disposition

Appeal dismissed; Circuit Court order affirmed.

Orders

  • Defendants must continue the employee’s contract of employment for pay and benefits from the date of termination until final determination of the WRC claim and any appeal.
  • Plaintiff’s solicitors to transmit a copy of the judgment and all papers to the Department of Agriculture, Food and the Marine and to the Revenue Commissioners for further investigation.