Garda could sue force after landmark job row case

A GARDA sergeant who was turned down for an appointment has been vindicated by an independent commission.

The sergeant fought a three-year battle with Garda management before the Commission for Public Service Appointments came down on his side.

The experienced garda is now considering his options, including whether to take a civil action against his employers.

The groundbreaking case has considerable ramifications for the force and paves the way for more complaints by gardaí.

The appointments and promotion systems in the Garda has long been a huge source of grievance among members, with consistent claims of appointments and promotions not being based on merit.

The Association of Garda Sergeants and Inspectors (AGSI) has welcomed the ruling by the commission and has praised the courage of the sergeant.

“The case illustrates perfectly what has often been said — that promotion and appointment procedures within the Garda Síochána can be seriously deficient,” said a spokesman.

“The member only achieved the satisfaction of the commission’s findings after month upon month of prevarication, obfuscation and obstruction lasting over two years and which involved management up to the highest level.”

According to the current edition of Garda News, the official journal of the AGSI, the sergeant raised the case with the commission in early 2007 after repeated requests to Garda management for an objective review into two appointments to the detective branch in 2004 and 2005 were ignored.

The sergeant had applied twice and had been turned down on both occasions without explanation.

The commission found that four key principles of the code of practice for external and internal recruitment for appointment to positions in An Garda Síochána were breached in his case.

It found the appointment process was not in line with best practice, that a fair process had not been applied, that the appointments system was not open, accountable and transparent and that review procedures were poor.

It also found the lack of clarity around the job criteria and the absence of documentation meant it could not determine whether the appointment was made on merit.

“These matters are, however, in themselves a cause for serious concern,” said the commission.

Despite the ruling, the oficer, who has more than 25 years’ experience, remains a sergeant and has not been appointed to the detective branch.

He is considering his options and weighing up whether the stress and financial cost of pursing a civil action is worth it.

The AGSI spokesman said: “The case demonstrates the difficulty, if not impossibility, of obtaining any form of objectivity or fair procedures when dealing with management in An Garda Síochána.

“There appears to be a reluctance or inability of Garda management to adopt proper, transparent and fair procedures. Therefore, it is down to rank and file members to challenge management in this area.”