Detective Garda who served in Kildare settles court action over being asked to reapply for post

A Detective Garda, who previously served in the Kildare Division, has resolved a High Court action he brought over being informed he had to re-apply for an important Health and Safety role within An Garda Siochana that he had held for several years.

The action was taken by Detective Cathal Brennan, who in 2011 was appointed to the role of Regional Health and Safety Officer for An Garda Siochana's National Support Services (Special Crime Operations).

In 2017 he was informed by an Assistant Garda Commissioner that he was being stood down from the role, that a competition would be taking place to regularise the position, and that he would have to reapply for the job he obtained six years previously.

He claimed the decision to remove him from a role he had already been appointed to, and the failure to regularise his position, amounted to a breach of the terms of his contract of employment.

In proceedings against the Garda Commissioner, the Minister for Justice Equality and Law Reform, Ireland and the Attorney General the detective sought various reliefs from the court, including declarations that he was validly appointed to the role.

The claims were denied.

On Wednesday when the case came before the court, Mr Justice Senan Allen was informed that the dispute had resolved on terms. With the consent of all the parties, the court made declarations that the Detective was validly appointed to his role as Regional Safety Advisor for National Support Services (Special Crime Operations) in February 2011.

The court also made a declaration that the detective is entitled to continue in his role, subject to the terms and conditions of his service as a member of An Garda Siochana.

The court said it had also been agreed that an order that the defendants pay the Detective's legal costs, on the Circuit Court scale, could be made.

It was further agreed that the proceedings could be struck out.

The settlement was mentioned before the court last month but was adjourned after the judge expressed a concern over some of the wording of the agreement. The judge welcomed the settlement of the dispute.

In his action the Detective claimed that he had a legitimate expectation that he would be entitled to to continue in the position he was appointed to in 2011.

After being appointed to the role he claims he was required to obtain a master's degree in Health and Safety. This the Detective, who has served in the Co Kildare Division of an Garda Siochana, did at his own expense.

As well as seeking various declarations, including one that he was validly appointed to the role, he sought injunctions retraining the defendants from appointing anyone else to the roe.

He also sought damages for the alleged breach of contract.

In their defence the state parties denied all of the detective's claims, including that he had been validly appointed to the role.
In a counter claim the defendant had argued that if he was validly appointed they were entitled to set off in the amount of money paid to the plaintiff by way of the Detective allowance. 

Arising out of that claim the defendants sought an order requiring the detective to repay sums he received by way of the allowance paid to Detective Gardai from February 2011.

They had also sought damages for what they claimed was a breach of contract by the detective.