Garda launches challenge over illness change
SHANKILL GARDA IN COURT OVER RECLASSIFICATION BY COMMISSIONER
A GARDA who is on sick leave due to alleged bullying and racial abuse he has received from colleagues has launched a High Court challenge against a decision by the Garda Commissioner to reclassify his illness.
The action has been brought by Deming Gao, a native of China who is a naturalised Irish citizen, who joined An Garda Siochana in 2008.
He has been stationed at Dun Laoghaire and Shankill Garda Stations, where, his Counsel Mark Harty SC told the High Court on Monday, November 20, Garda Goa has been subjected to ‘prolonged and persistent bullying, harassment and racial torment’.
Counsel said Garda Gao brought these incidents to the attention of his superiors, and had spoken with a welfare officer within An Garda Siochana
When his colleagues learned of this meeting, Garda Gao was branded a rat and the mistreatment intensified, the court heard.
Garda Gao was avoided, shunned and isolated by other gardaí who refused to communicate in a courteous, professional and respectful manner. In addition, Garda Gao’s religious beliefs ethnic background and personal and family values were ridiculed by a number of his colleagues.
He relocated to Shankill, but continued to experience mistreatment from fellow members of An Garda Siochana.
Mr Harty, instructed by Kilfeather & Company Solicitors, said that in November 2016 Garda Gao was subjected to a verbal attack by a Garda colleague.
He went to his doctor and was deemed unfit for work due to stress.
Garda Gao also attended for assessment at the Garda Occupational Health Service.
Garda Gao’s injury was classified as as injury on duty, however in May 2017 he was informed in correspondence that the status of his injury had been changed to ordinary illness and backdated to the time he went out of work.
Correspondence from his employers stated that the initial classification was issued in error.
No other reason or explanation has been given to Garda Gao for the re-classification.
The Garda Commissioner has also sought the repayment of monies alleged overpaid to Garda Gao.
While no breakdown of the alleged over-payments have been furnished to Garda Gao, the Commissioner has commenced deducting monies from the nominal payments to him, it is claimed.
Counsel said his client sought to appeal the re-classification, but was informed in a letter send last month that his sick leave remains classified as that of an ordinary illness.
Counsel said the commissioner has ‘no legal basis’ to reclassify the injury.
The decision is outside the powers of the commissioner, and the re-classification was carried out without the views of his client, his medical advisors or the garda’s own chief medical officer being taken into account, counsel added.
No adequate reasons have been given for the decision, counsel added.
As a result of the reclassification Garda Gao and his young family have suffered financially.
He is in receipt of a nominal weekly payment and is struggling to make his financial obligations.
In his action against the Garda Commissioner Garda Gao seeks an order quashing the the decision to re-classify his injury from being a work related injury to being ordinary illness, and that the original classification be restored.
He further seeks declarations that the re-classification of the injury was carried out in breach of natural or constitutional justice, and that the commissioner is not entitled to seek repayment of the alleged overpayment of wages to the Garda,
Permission to bring the challenge was granted on an ex-parte basis by Mr Justice Seamus Noonan.
The judge made the matter returnable to a date in December.