A veteran garda with severe asthma, who claims he was discriminated against when he was put back on the beat at the height of a winter Covid-19 surge in 2022, was “grossly exaggerating” safety requirements, counsel for the State has argued.
However, the garda’s lawyers submitted that he is “incredibly brave” to challenge the “robust” Garda workplace culture.
“We have to ask ourselves is: if a State body doesn’t uphold the law, what does that set as an example for society?” Emma Davey BL told the Workplace Relations Commission (WRC) on Thursday.
Garda Joseph Joyce, who has been on the force since 2000, has alleged disability discrimination, harassment and victimisation in breach of the Employment Equality Act 1998 in statutory complaints against the Commissioner of An Garda Síochána and the Minister for Justice.
READ MORE
The WRC has heard Gda Joyce, who was based at Longford Garda station when the Covid-19 pandemic hit, was at high risk of severe illness if he contracted the disease and had been told by his doctor to cocoon.
That advice was “ignored” by local Garda management when they ordered him to return to work in person on New Year’s Day 2022, his lawyers have said.
The State denies his complaints, saying there were “appropriate measures” in place in the district to shield Gda Joyce and his colleagues from the coronavirus and that there are jurisdictional issues with the WRC ruling on his claims.
The tribunal heard closing arguments in the matter on Thursday, the ninth day of hearings in the equality case.
Giving evidence earlier this year, Gda Joyce said he told local superiors he would continue working from home on the basis of medical advice when he was first asked to come back to work in December 2021.
The tribunal heard that a senior officer wrote to Gda Joyce on the afternoon of New Year’s Eve 2021 directing him to either produce a report from a medical specialist or report for duty the following morning at 7am.
He told the WRC he spoke by phone with Supt Seamus Boyle on New Year’s Eve and had received an assurance that he “would not be dealing with people” – but was ordered to go out on foot patrol in Longford town the next day, January 1st 2022.
“I was horrified, to tell you the truth,” Gda Joyce said. He said when he arrived to the station he pointed out to a superior, Brian Boland – then a sergeant, but since promoted, that the bottles of hand sanitiser at the station were empty and there were no wipes for cleaning IT equipment.
“He informed me the station hadn’t been cleaned since before Christmas,” he said.
He said he was sent out on patrol without a working radio that day, which he said was in breach of protocol, and encountered members of the public who failed to abide by social distancing advice.
Recounting the evidence of the State’s witnesses in a closing submission on Thursday, State counsel Dylan West BL said the now-retired Supt Boyle, had been clear that he “simply never would have said Garda Joyce would never have been working with people”.
Ms Davey, who was instructed by Rachel Scanlon of Tormeys Solicitors for Gda Joyce, said the “attitude” in An Garda Síochána had been revealed when the retired superintendent responded to a question about the question of reasonable accommodation with the remark: “Where do you draw the line between cancer and a cold?”
The comment “showed a complete dismissal of Garda Joyce’s disabilities,” Ms Davey submitted.
Mr West said it was “extremely unfair and a little bit cheap to ask Mr Boyle questions about medical issues ... and jump on his response to that” when it had not been his function in the force.
Insp Boland’s evidence to the tribunal was that he would “never” send a garda out on patrol without a radio and that Gda Joyce was issued a “pool radio” on the day, Mr West added.
The witness’s further evidence was that he was “blue in the face” telling his officers at their briefings “to step back if they had to and keep their masks on”, Mr West said.
Garda witnesses had “completely contradicted” Gda Joyce and told the tribunal that face masks were worn, social distancing was observed, antigen tests were available and the station was being routinely cleaned, Mr West said.
“With respect to Garda Joyce, I say he is grossly exaggerating what might have been required,” he added.
Mr West pointed to a special carveout in the equality legislation which recognised the “special status” of An Garda Síochána and its need to preserve operational capacity.
“Garda Joyce is a frontline member of An Garda Síochána. We’ve heard evidence that’s not a role that can be completed from home,” he said.
Ms Davey said there was a “lack of understanding” in the force of an employer’s obligation to disabled members.
“Garda Joyce is incredibly brave to challenge this extremely robust workplace ... The question we have to ask ourselves is: if a State body doesn’t uphold the law, what does that set as an example for society,” she said.
