Officer claims unfair dismissal

A FORMER officer has claimed she was unfairly dismissed from the Irish Prison Service after suffering extended illness.

The Employment Appeals Tribunal (EAT) heard that Catherine Fitzgerald, a prison officer for 22 years, is taking a case against the Department of Justice over its December 2009 decision to dismiss her.

Department solicitor Rosemary Healy Rae sought an adjournment on the grounds Ms Fitzgerald had also begun High Court proceedings.

The EAT heard Ms Fitzgerald was a prison officer from 1987 until October 2004 when she went on sick leave.

Ms Healy Rae said Ms Fitzgerald’s claims, since January 2006, to be granted retirement on grounds of ill-health, were repeatedly refused on the medical advice of the prison service’s chief medical officer and independent doctors.

The tribunal heard Ms Fitzgerald was claiming she was entitled to be deemed eligible for ill-health retirement or to be awarded a pension, or damages.

Ms Healy Rae said it was “totally contradictory” that Ms Fitzgerald was seeking reinstatement while claiming she was entitled to ill-health retirement. She asked the tribunal to adjourn until the outcome of the High Court case.

Marcus Dowling BL, for Ms Fitzgerald, said the EAT was entitled to hear the case.

The tribunal ruled it would hear the case, but adjourned the full hearing until December.