Tribunal Finds Garda with Asthma Discriminated Against During Pandemic Duty

A tribunal has determined that a garda, who suffers from severe asthma, was subject to discrimination when he was compelled to return to frontline duty during a peak in Covid-19 cases in 2022. Despite the finding, it has been decided that it is now too late for the officer to receive any form of compensation.

The officer had initially been placed in a work-from-home arrangement due to his medical condition. However, as Covid-19 cases surged in winter 2022, he was instructed to resume his regular beat duties.

The Workplace Relations Commission (WRC) examined the case and identified the decision to withdraw the remote working arrangement as discriminatory. Despite this, the tribunal noted that the opportunity to claim compensation had lapsed.

The case highlights the challenges faced by employees with underlying health conditions during the pandemic, as organisations grappled with balancing operational needs and health safety.

Key Takeaways:

  • The garda was initially permitted to work from home due to asthma.
  • He was later ordered to return to frontline duty amid a Covid-19 spike.
  • The WRC ruled this action as discriminatory but too late for compensation.

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