A Garda civilian driver is to ask the Supreme Court to hear an appeal over a decision to revoke an order that he be re-engaged following his enforced retirement at 70.
Earlier this month, Mr Justice Rory Mulcahy refused to continue an interim order which was granted on January 30th last requiring the Garda Commissioner to immediately re-engage Tom Ronan as a civilian driver with the force.
Mr Ronan had previously obtained a High Court order that he be re-engaged in compliance with a Workplace Relations Commission (WRC) adjudicator’s decision that he was discriminated against on the grounds of age.
The case returned before Mr Justice Mulcahy on Wednesday, when the judge was due to make a formal order revoking the re-engagement of Mr Ronan and for costs to be dealt with.
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Counsel for Mr Ronan, however, told the court an appeal was being sought over the judge’s revocation decision. An appeal was sought directly to the Supreme Court or in the alternative to the Court of Appeal. Mr Ronan was therefore seeking a stay on the decision.
Counsel for the commissioner opposed the stay in circumstances where it was argued that the order returning Mr Ronan to employment should never have been made given that a separate statutory appeal was in train to the Labour Court.
After hearing that senior counsel for both sides would not be available until Friday to deal with the issue of the stay, the judge said he could not see what prejudice there would be by continuing the interim order until Friday when the case could come back before him.
The court heard earlier this month that Mr Ronan was back at work and performing his duties on a “for the time being” basis.
