A garda has secured €50,000 in compensation for ongoing disability discrimination after the force, which expressed “grave concerns” over her mental health, was found to have prevented her promotion to the rank of sergeant.
An allegation by a chief superintendent that the garda told him she would attempt to self-harm in a way which posed a danger to the public if she had to turn up at garda stations as part of her job was rejected as “not credible” by the Workplace Relations Commission (WRC).
In a decision upholding Garda Jacinta Kenny’s complaint of discrimination under the Employment Equality Act 1998 against the force, the tribunal noted that this “ideation” she was said to have expressed in August 2019, but denied ever saying, was never reported or acted upon by the senior officer.
In evidence to a hearing in May, Garda Kenny said she suffers from status migraines and impeded swallowing as well as mental health conditions including borderline personality disorder, generalised anxiety disorder and agoraphobia.
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She said it was the swallowing disorder that led to her working from home, while the mental health aspects of her condition only restricted her to non-confrontational duties.
The tribunal heard Garda Kenny first put in for a sergeant’s post in 2017, believing that her non-frontline status would not be a barrier to promotion given her sergeant at the time was office-based. She got on to the sergeant list in 2019.
She said a senior officer subsequently told her the promotions would be to “frontline” roles that she could not perform and then that her promotion was “held up because of medical grounds” as the Garda Commissioner was waiting for a report from the force’s chief medical officer.
‘Caught in the doldrums’
Garda Kenny added that the medical officer said he had “no role in promotions” and referred her to a disability officer, who in turn told her she only dealt with civilian staff and referred the matter to Garda human resources, which “never” responded.
“I know there were people on the list behind me promoted – people were promoted all the time. People asked me all the time,” Garda Kenny said. “I feel I’ve been caught in the doldrums – I’m in my 50s, coming to the end of my career. I’d like to be further ahead… I just feel a little bit duped.”
The tribunal heard Garda Kenny was involved in a series of projects including systems to deal with fixed-charge notices and a new rostering system for the force.
Chief Supt Padraic Jones, who led the rostering project from 2019 onwards, said it was a “cause for concern” to him that Garda Kenny was working from home. He said it was “irregular and unheard-of” and had been set up as a “local arrangement” by his predecessor. He wanted to involve Garda Kenny in visiting stations to introduce the new roster.
However, Chief Supt Jones’s account was that when he raised this prospect, the complainant expressed a feeling that she would self-harm during her journeys. The claim was aired for the first time on the last day of the case, after Garda Kenny had given her evidence in chief.
In response, Garda Kenny said she only told Chief Supt Jones she had “anxiety” about travel arrangements and would research “every part” of them to make sure nothing would cause an issue. Garda Kenny denied ever stating that she would attempt to self-harm in a way which posed a danger to the public and said she had “never said this or felt this”.
‘Grave concerns’
Counsel for An Garda Siochána Des Ryan BL, instructed by the Chief State Solicitor’s Office, said there was an “ongoing process that has taken time because of the unique nature of the case” and that the “grave concerns” held by the force “must be factored in”.
Garda Kenny’s inclusion on the sergeant panel gave her the status of “eligible for consideration, not promotion”, but the ultimate decision rests with the Garda Commissioner, he said.
Mr Ryan said the force took the allegations of discrimination seriously, but they were denied.
“This is complete discrimination, and a message has to be sent out in a strong manner that they cannot discriminate in this way,” said Garda Kenny’s representative, Joe Bolger of HR firm ESA Consultants, who was instructed by the Garda Representative Association in the case.
Ruling on the claim, WRC adjudicating officer Kevin Baneham said the disputed conversation between Garda Kenny and Chief Supt Jones in August 2019 was a “key aspect”. He said it was “striking” that the “ideation” alleged by Chief Supt Jones had never been put to Garda Kenny prior to the matter coming before the WRC, even though it was part of the force’s assessment of whether she ought to be promoted.
‘Not credible’
Mr Baneham remarked that there was “voluminous” documentation in the case, but that Chief Supt Jones’s account was never put in writing.
“It is not credible that such a conversation could take place and not be reported via the appropriate channels. If it were true, what the complainant said constitutes a threat to the public. There is no doubt it would have been acted upon,” he wrote, adding that he rejected the superintendent’s account.
He noted that the force had “non-frontline” roles for more than 100 sergeants and Garda Kenny had shown “success in various roles” across the organisation.
Mr Baneham found that Garda Kenny was being subjected to ongoing discrimination on the grounds of disability, stating that An Garda Síochána “has sought to prevent her promotion” because of the accommodations provided to her.
He awarded compensation of €50,000 and made two further orders requiring the force to provide equal treatment in considering Garda Kenny’s promotion to sergeant, and to provide her with relevant materials from her personnel file.
Mr Baneham added that Garda Kenny could refer further complaints to the WRC if she believed there was further discrimination or any act of victimisation on the part of the force.