Garda Challenges Management Over Covid Safety Discrimination Claims

A veteran garda, Joseph Joyce, who suffers from severe asthma, has lodged a complaint of disability discrimination against An Garda Síochána. He claims that management disregarded health advice during a peak winter surge of Covid-19 in 2022, forcing him back to work despite being advised to stay at home. This case was presented on March 15, 2024, at the Workplace Relations Commission (WRC).

The legal counsel for the State contends that Gda Joyce has significantly exaggerated the safety requirements associated with his return to duty. In contrast, Joyce’s legal team argues that his challenge to the deeply ingrained culture within the Garda represents remarkable bravery. “If a State body doesn’t uphold the law, what does that set as an example for society?” questioned Emma Davey BL, representing Gda Joyce.

Gda Joyce, who has served since 2000, alleges that he faced harassment and victimisation, violating the Employment Equality Act 1998. He was stationed at Longford when the pandemic began and was identified as being at high risk for severe illness from Covid-19. Despite a directive from his doctor to cocoon, local Garda management instructed him to return to in-person duty on January 1, 2022.

The WRC hearings have revealed that, prior to his return, Gda Joyce informed his superiors he would continue to work from home based on medical advice when first requested to return in December 2021. On New Year’s Eve, he received a letter from a senior officer demanding either a medical report or his presence at duty the following morning.

During his testimony, Gda Joyce recounted a phone conversation with Supt Seamus Boyle, where he was assured he would not be in contact with the public. However, he was later ordered to conduct foot patrols in Longford the very next day. “I was horrified,” he stated, noting that when he arrived at the station, he found empty bottles of hand sanitiser and a lack of cleaning supplies.

Gda Joyce reported that he was dispatched without a functional radio, a breach of operational protocol. He encountered members of the public who were not adhering to social distancing measures during his patrol.

In closing arguments, State counsel Dylan West BL asserted that evidence provided by retired Supt Boyle indicated he had never claimed Gda Joyce would not interact with the public. West emphasized that Garda Joyce’s claims were exaggerated, pointing out that safety protocols—including mask-wearing and social distancing—were reportedly adhered to at the station.

In her rebuttal, Ms. Davey highlighted an alarming attitude within An Garda Síochána when responding to Gda Joyce’s request for reasonable accommodation. She cited a remark made by Supt Boyle, questioning the distinction between serious medical conditions and lesser ailments, highlighting a lack of understanding regarding the obligations towards disabled officers.

The tribunal also heard conflicting testimonies from other Garda officers, who stated that safety measures were indeed in place, including the availability of antigen tests and routine cleaning of the station. West argued that Gda Joyce’s role as a frontline officer required active engagement, which could not be performed remotely.

Ms. Davey concluded by emphasizing the importance of accountability within state bodies, suggesting that Gda Joyce’s challenge is not just a personal fight but a reflection on the treatment of disability within the workplace. The tribunal is expected to deliberate on the evidence presented in the nine-day hearing and provide a ruling in due course.