A Dublin-based garda’s case that sought to have her reinstated to duty as a member of the force has been resolved outside of court.
Garda Orlaith Fahy previously won a legal action quashing the Garda Commissioner’s decision to dismiss her over failing to pass a specific fitness test, after she sustained an injury.
A High Court judge ruled in July 2021 that the dismissal was unlawful, due to finding that extensions of her probation did not amount to probation under the relevant legislation.
Gda Fahy, who had been stationed at Finglas and Blanchardstown, initiated another set of proceedings in the spring of this year as she had not been reinstated to her post, despite the ruling.
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Mr Justice Charles Meenan was told on Tuesday that the proceedings had been resolved and could be struck out. No further details were given to the court.
When Gda Fahy’s case was before the court in April, her counsel said she had written letters to the Commissioner about the issue but only received holding responses.
She claimed the High Court’s decision was being undermined and ignored by the Commissioner, given the length of time that had passed, her lawyers said. The court heard then that she had been out of work for two years.
Mr Justice Meenan gave permission in April for Gda Fahy to pursue her case. At this point, the Commissioner was not represented before the court to refute the claims.
