ARTICLE · 27 FEBRUARY 2024

Case Update: An Employee's Right To Silence

Arthur Cox

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Does an employee's right to silence in the context of a criminal investigation or criminal procedures permit them to refuse to comply with the directions of their employer?...

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Does an employee's right to silence in the context of a criminal investigation or criminal procedures permit them to refuse to comply with the directions of their employer?

This was the primary question before the High Court in Electricity Board Supply v Kieran Sharkey [2024] IEHC 65. The Court concluded that an employee may refuse to comply with reasonable directions of their employer but only where the risk to their right to silence outweighs their employer's interest in requiring them to fulfil their contractual obligations.

The Facts

Two property developers alleged that certain employees of the Electricity Supply Board (ESB) were demanding cash payments and other consideration for expediting the completion of works. ESB reported these allegations to the Gardaí, who commenced a criminal investigation.

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This article contains a general summary of developments and is not a complete or definitive statement of the law. Specific legal advice should be obtained where appropriate.

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