Asthmatic garda forced back on beat during pandemic - WRC

A veteran garda with severe asthma was subjected to discrimination when he was ordered back to active duty during a winter COVID-19 surge in 2022, despite having a work-from-home arrangement. The Workplace Relations Commission (WRC) has now ruled that while discrimination occurred, it is too late for the officer to claim compensation because the complaint was filed after the statutory time limit.

“

I was horrified, to tell you the truth.

Garda Joseph Joyce, who has served for over two decades, was based at Longford Garda Station when the pandemic hit Ireland. He suffers from chronic respiratory conditions, including severe asthma and COPD, requiring regular use of inhalers. Medical advice in April 2020 had placed him at high risk from COVID-19, necessitating strict cocooning guidelines.

However, local Garda management reportedly disregarded this medical advice when they ordered him to return to in-person duty on New Year's Day 2022. The State had contested his claims, asserting that appropriate protective measures were in place. Garda Joyce testified that he informed superiors of his intention to continue working from home based on medical advice when first asked to return in December 2021.

“

I was horrified, to tell you the truth.

On New Year's Eve 2021, a senior officer directed Garda Joyce to either provide a specialist medical report or report for duty the following morning. Speaking by phone with Superintendent Séamus Boyle, Joyce received an assurance that he would not be dealing directly with the public. Despite this, he was ordered out on foot patrol in Longford Town the next day. "I was horrified, to tell you the truth," Garda Joyce stated, recounting his shock at the order. Upon arriving at the station, he noted empty hand sanitizer bottles and a lack of cleaning supplies for equipment. He also reported being sent out without a working radio, a breach of protocol, and encountering members of the public not adhering to social distancing.

“

I was horrified, to tell you the truth.