Courts

Garda Commissioner wants court to reverse order to reinstate civilian driver made to retire at 70

WRC adjudicator found that €20,600 pension the plaintiff receives indicates he is ‘highly likely to experience financial hardship’

The plaintiff's lawyers successfully applied to the court for interim injunctions requiring the commissioner to restore him, pay his salary and entitlements and facilitate his return to the workplace. Photograph: Alan Betson/The Irish Times
The plaintiff's lawyers successfully applied to the court for interim injunctions requiring the commissioner to restore him, pay his salary and entitlements and facilitate his return to the workplace. Photograph: Alan Betson/The Irish Times
Tue Feb 04 2025 - 20:04

Garda Commissioner Drew Harris is to ask the High Court to halt an order it made last week reinstating a civilian driver for the gardaí who was made to retire at 70.

Last Thursday, Mr Justice David Nolan granted an order to Tom Ronan that he be allowed to return to his job for another three years in accordance with a Workplace Relations Commission (WRC) decision made last October.

A WRC adjudicator found that a €20,600 annual pension he receives will mean he is “highly likely to experience financial hardship”.

[ Civilian driver for An Garda Síochana wins right to work after 70 because pension was so small he faced poverty ]

The decision was not implemented and Mr Ronan’s lawyers successfully applied to the court last Thursday on a one-side only (ex parte) represented basis for interim injunctions requiring the commissioner to restore him, to pay his salary and entitlements and facilitate his return to the workplace.

READ SOME MORE

The judge said the case could return this Thursday.

On Tuesday, Lorna Lynch SC, for the commissioner, applied to Mr Justice Cregan for permission to apply to set aside last week’s order of Mr Justice Nolan who the court heard was sitting in Kilkenny this week.

Ms Lynch said the WRC decision relating to Mr Ronan is being appealed and while this was an attempt to enforce that decision, there is a statutory procedure for doing so including applying to the District Court for enforcement. But this should not happen while there is an appeal, she said.

She said Mr Ronan’s lawyers had applied for and got a mandatory injunction returning him to work despite the pending appeal which presented an “insurmountable difficulty” because there is a legislative bar on a person returning to pensionable service after they are 70.

Cliona Kimber SC, for Mr Ronan, said her side had been notified of the commissioner’s intended application but they replied that these were all arguments for when Mr Ronan’s case returns on Thursday.

Ms Kimber also said she fundamentally disagreed with the arguments advanced by Ms Lynch.

Mr Justice Cregan said he was satisfied to allow the order to stay in place until Thursday as it was only two days until the case returns to the court.