Garda whistleblower loses enhanced sick pay appeal

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A senior garda who says he was penalised for making protected disclosures about alleged defective gun holsters has lost his appeal against the dismissal of his claim for enhanced…

A senior garda who says he was penalised for making protected disclosures about alleged defective gun holsters has lost his appeal against the dismissal of his claim for enhanced sick pay.

Superintendent Brian O'Reilly claimed he had been penalised by the Garda Commissioner for making a protected disclosure.

He has been on sick leave since April 2023, and claimed he should have received enhanced sick pay allowing him to receive his full salary.

He claimed his illness was classified as "ordinary illness" which means he receives 50% of his pay. He sought an order compelling the Garda Commissioner to classify it instead as an "injury on duty" under which he would receive full pay.

He said he had come under financial pressure and the stresses of providing for his family and being able to continue to pay his mortgage were adding to his medical condition.

His case was dismissed by the Circuit Civil Court last year and he appealed to the High Court.

In his decision, Judge Micheál P O’Higgins noted that the main legal and factual issues in the case would be resolved before the Workplace Relations Commission (WRC) which has not yet fully heard the case.

He said Superintendent O’Reilly’s disclosures related to concerns about allegedly unsafe pistol holsters and their suggested involvement in the death and injury of garda colleagues.

The judge said the disclosures also included matters related to the manner in which garda management dealt with incidents connected with the holsters, the acquisition and cost of defective ammunition, the storage and handling of firearms, the alleged failure of management to hold people responsible for improperly disposing of prohibited substances, as well as the unauthorised retention and loss of biometric data including DNA and fingerprints.

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