Garda victim of sexual harassment 'significantly failed' by complaint process awarded €5,000

As always RTE silent when it comes to exposing abuse and bullies in An Garda Siochana?

 

The WRC found An Garda Síochána showed “total disregard” for its own dignity at work policy.

https://www.thejournal.ie/garda-failed-sexual-harrassment-complaint-delay-6724926-Jun2025/

A FEMALE GARDA who was suffering in the aftermath of a workplace sexual harassment incident was “significantly failed” by An Garda Síochána after there was an “unreasonable” delay in reviewing and investigating a separate allegation of bullying she made against her supervisor. 

A Workplace Relations Commission (WRC) adjudicator has recommended that the female garda receive a payment of €5,000 by way of compensation for the “inordinate and inexplicable delays” in the investigation, which took 17 months to be completed.

The bullying complaint came after a separate workplace sexual harassment incident which led to the garda having to be absent from work on a number of occasions. 

The WRC adjudicator said that in the following year-and-a-half, An Garda Síochána showed a “total disregard for timelines stipulated in its own dignity at work policy”.

An Garda Síochána has implemented additional training on handling sensitive complaints as a result of the procedural problems highlighted by the delays in this case.

Timeline

The garda submitted the bullying complaint against her supervisor in March 2023. An investigator should have been appointed to the case within 10 days of her filing the complaint, but that did not occur.

After two months, the garda approached a divisional office seeking an update on her case and was told, due to the complexity of the complaint, the matter could not be addressed in the recommended timeframes included in An Garda Síochána’s own policy.

In June 2023, the garda escalated the case to an Assistant Commissioner at An Garda Síochána, who later acknowledged the “undue delay” in investigating her complaint.

Despite receiving extensions in January 2024, investigators did not finalise their report until August 2024 in which they did not uphold the complaint. A separate, independent examiner also did not uphold her complaint.

The garda never received an explanation for the delay in the investigation.

The WRC this week published its report into the case, in which it found that An Garda Síochána “significantly” failed the woman due to the delay to review and investigate her complaint.

The complainant told the WRC the lack of a timely resolution, a lack of transparency regarding the delays and a lack of acknowledgment of procedural failures had left her feeling disillusioned and without closure.

In the WRC’s summary of the woman’s case, the adjudicator emphasised the importance of consistent and fair procedural conduct in workplace investigations due to the emotional toll and system flaws caused by a failure to adhere to internal policies.

In its defence, An Garda Síochána said that, following an appeal by the female garda in September 2024, an independent expert identified “procedural shortcomings” and work began to conduct additional training on handling workplace complaints, a process which remains ongoing.

An Garda Síochána told the WRC that 22 witnesses were identified and interviewed during the investigation, and a four-week extension was given to investigators after there was an “unreasonable delay” in the case.

The woman was also seeking that the WRC settle a separate dispute regarding how her sick leave is classified.

She told adjudicators she believed, as the alleged incident happened while she was on duty, she was entitled to have it classified under the Employer’s Code which would allow for full pay and a continuation of service. An Garda Síochána has not yet made a decision on the application. 

The WRC adjudicator recommended that the female garda wait for a report from the Chief Medical Officer, commissioned by An Garda Síóchána, with regard to her request that the alleged sexual harassment incident classified as an “injury on duty”.

“Although I acknowledge the considerable delays in processing the Worker’s request to have her sick leave reclassified under the special administrative Code, I also note that she will not suffer any financial loss if the application is ultimately approved, as it will be backdated to the onset of her illness,” the adjudicator said.

Sexual harassment complaint

In a separate workplace sexual harassment complaint submitted in February 2023, the female garda said that An Garda Síochána’s Dignity at Work Policy, which outlines a process for handling such complaints, was not followed in her case.

In the WRC’s summary of the woman’s case, it said her complaint was instead managed under An Garda Síochána disciplinary procedure, something she claimed breached internal policy and compromised her confidentiality. 

It noted “several failures” in adherence to the Dignity at Work Policy, including a failure to provide her with a formal written communication on the outcome of her complaint and denying her the opportunity to appeal or respond to outcomes. 

She was also denied access to or the chance to comment on witness statements and responses, it said. 

The garda alleged that during the investigation process, she had to provide a statement without the support of a witness.

This statement was taken “under stressful conditions”, during which she became physically ill and required hospitalisation, she alleged, adding that the inspector never suggested rescheduling the session “to accommodate her wellbeing”. 

The garda also said that after disciplinary proceedings were launched against the individual accused of harassment, she was never provided with a formal outcome of this process.

She alleged that she was never called upon to testify before the disciplinary board, despite being “repeatedly” placed on standby to do so. In one instance, she said she waited for five hours before being told that her attendance was no longer required and that a verdict had already been reached.

The WRC’s summary said the garda’s experience “reflects significant shortcomings” in An Garda Síochána’s response to a serious allegation. “Her rights under internal policy and law were not upheld, leaving her marginalised, uninformed, and without resolution,” it said. 

In its defence, An Garda Síochána said that they chose to bypass the Dignity at Work policy and handle the complaint under its discipline regulations due to the “serious nature of the complaint and the power imbalance” involved. 

“This decision reflected the gravity of the complaint and facilitated more immediate and serious responses – such as suspension and potential disciplinary sanctions – which would not have been possible under the Dignity at Work framework,” it said.

An Garda Síochána said that the individual accused of harassment was suspended from duty in February 2023 and remained suspended throughout the investigation.

They said that when the woman participated in an interview with the appointed investigating officer as part of the disciplinary investigation, she was aware that the complaint was no longer being processed under the Dignity at Work policy. 

They said that when the matter advanced to a formal board of inquiry as part of the disciplinary regulations, the board decided that direct testimony from the woman “was unnecessary”. 

“Nonetheless, the worker’s original written complaint and the transcript of the interview with the investigating officer were included in the evidence packet provided to the Board members and were reviewed as part of the inquiry,” the WRC summary read, adding that the process does not require direct participation from the complainant.

The summary said An Garda Síochána emphasised the seriousness with which the complaint was treated throughout the investigation, but said the woman was informed that the outcome of the disciplinary process could not be disclosed “as the regulations mandate confidentiality for the member under investigation”. 

They said that even under the Dignity at Work policy, if the complaint had led to disciplinary proceedings, the woman would not have been entitled to detailed disclosure of the outcome, only whether the complaint had been upheld and if further action would be taken. 

The WRC adjudicator found it reasonable that An Garda Síochána chose not to follow the procedures set out in their Dignity at Work Policy “because they considered the worker’s allegations to be very serious”. 

The adjudicator also said that a recommendation that An Garda Síochána should have investigated the alleged breach of the Dignity at Work Policy before initiating disciplinary proceedings as opposed to going directly to a hearing “could have broader implications and might restrict their ability to take such action in the future”. 

“Considering the foregoing points, I cannot make a recommendation in favour of the worker,” they concluded.