Courts

Garda takes court challenge over finding she breached internal discipline

Garda claims complaints against her arose out of ‘campaign of victimisation’ for raising concerns in the workplace

In the High Court, Ms Justice Niamh Hyland on ex-parte basis granted the applicant permission to bring the challenge

Aodhan O'Faolain
Mon May 13 2024 - 21:34

A female garda has brought a High Court challenge over being found to have breached internal Garda discipline, including being disrespectful towards a superior.

She claims the complaints against her arise out of “a campaign of victimisation” for raising concerns in the workplace.

She alleges she was subjected to an internal inquiry after she told a female superior that she had been sexually harassed by another member of the force. She later made a formal complaint against the male sergeant, who she alleges behaved in an inappropriate and aggressively sexual way towards her while they were on duty at a mortuary.

She claims he took her phone and sent sexually suggestive messages to himself from the device.

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She also alleges he made comments including that he could now say he had slept with her, offered to massage her and asked her if she “fancied him”.

She reported this behaviour, which she said made her uncomfortable, to a female superior some months later.

She claims she wanted it to be kept confidential as she was concerned about a possible impact on her career.

She says she was shocked upon learning that the female superior said she had informed the male sergeant about the complaint. The court heard the male officer was embarrassed and upset at the allegation.

The court applicant went on to make a formal complaint about the alleged harassment and raised concerns about how her unit was being managed.

She alleges her female superior was unhappy about the formal complaint and interfered with the process.

She says the complaint has led to the male sergeant being suspended and the female superior being stripped of certain duties.

The applicant claims she was subsequently subjected to hostile and unwarranted treatment by the female superior, leaving her humiliated and embarrassed following interactions between the two.

She says she was subsequently the subject of internal disciplinary proceedings over allegations that she had engaged in unacceptable behaviour with her superior and for posting Garda-related matters on social media.

Following a disciplinary probe she was found to have breached Garda discipline. She unsuccessfully appealed that decision.

She denies any wrongdoing and is concerned about the impact the findings will have on her career.

Her High Court proceedings seek to overturn the decisions against her on grounds including that those conducting the disciplinary process failed to have regard for all the relevant evidence generated during the investigation.

Adequate weight was not given to her claim that her superior had engaged in a campaign of victimisation against the applicant for raising concerns in the workplace, she claims.

There was also a failure in the investigation process to have proper regard that the majority of witnesses who filed documents as part of the process did not support the applicants account of events, it is also alleged.

The applicant claims adequate reasons were not given to explain why she was found to have breached Garda discipline.

Her action is against the Garda Commissioner and officers involved in the disciplinary process.

She wants an order quashing the decisions to find she breached Garda discipline.

She also seeks declarations from the court that the disciplinary process was flawed, conducted unlawfully and was in breach of fair procedures.

The matter came before Ms Justice Niamh Hyland on Monday, who on ex-parte basis granted that applicant permission to bring the challenge.

The matter will return before the court next month.

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