A currently serving Garda has failed in his attempt to recover an estimated €82,571 in lost overtime and allowances during a suspension that lasted over two years.
This comes after the Labour Court rejected the Garda’s compensation claim, with deputy Labour Court chair Katie Connolly stating the court believed the suspension payment policy had been properly applied in this instance, reports Breaking News.
According to court documentation, the Garda was eventually cleared of wrongdoing more than two years after being suspended in connection with an April 2021 incident where he helped a colleague restrain an attacker.
During this period, criminal charges were brought against him, and the internal disciplinary procedure was halted until the legal proceedings concluded, reports Breaking News.
By May 2023, the Garda had his criminal charges dismissed, leading to the immediate closure of the disciplinary matter and his return to active duty.
In a related decision, the Labour Court has recommended that An Garda Síochána pay the Garda €5,000 in compensation, due to what it described as a lack of transparency in the implementation of the suspension policy in his case, reports Breaking News.
Among the failures cited were the Garda not being told the reason for his initial suspension and being excluded from notifications about internal job openings while suspended, despite policy requirements.
In his separate earnings claim under Section 13(9) of the Industrial Relations Act, 1969, the Garda Representative Association (GRA) argued that the suspension lasting over two years was unreasonably long for a holding suspension, reports Breaking News.
They said the Garda lost access to income, pensionable allowances, and promotional prospects, and was not treated according to the presumption of innocence as outlined in the employer’s suspension guidelines.
According to the GRA, the suspension policy had an unfair financial effect, particularly given that the Garda was fully cleared of both criminal and disciplinary allegations, reports Breaking News.
They said he is entitled to reimbursement for the €82,571 in lost earnings and allowances, along with recognition of the adverse impact on his future pension under the Single Public Service Scheme.
The GRA further noted that there are existing precedents within the force for compensating staff who miss work due to injury or training, arguing that fairness requires similar treatment in this case, reports Breaking News.
The Labour Court heard the case after An Garda Síochána challenged a Workplace Relations Commission (WRC) recommendation issued earlier this year.
An Garda Síochána maintained that the Garda’s claim was without merit, asserting that financial compensation for this kind of “loss” is not applicable, reports Breaking News.
They argued that Gardaí are not entitled to be paid for work that is neither performed nor required during a suspension.
Their representative emphasised that current suspension policy ensures full basic pay via a Suspension Allowance, reports Breaking News.
They warned that allowing the claim could weaken the authority of both the Disciplinary and Suspension policies, setting a problematic precedent for future cases.
Deputy Chair Connolly said the policy, as acknowledged by both sides, provides suspended employees with full basic pay, and that the Garda in this case received that payment throughout his suspension, reports Breaking News.
She clarified that the framework does not permit extra pay for overtime or additional allowances.
Ms Connolly added that the rules contain no clauses that allow exceptions or discretion under special circumstances, reports Breaking News.
She concluded by stating that “when assisting parties resolve individual disputes the Court has no role or remit to step outside applicable processes and procedures”, reports Breaking News.
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