Inquiry begins into garda role in unfair dismissal

An internal Garda investigation has begun into the role of two officers in the unfair dismissal of a Russian woman from a factory…

An internal Garda investigation has begun into the role of two officers in the unfair dismissal of a Russian woman from a factory in Co Galway.

The investigation is being conducted by a superintendent in the west. It is understood the gardaí concerned have retired.

The dismissal followed a claim, which turned out to be false, that the woman was under Garda investigation for prostitution. Earlier this year, she was awarded €15,000 by the Labour Court for discrimination on the grounds of nationality.

The woman was recruited by an agency in Russia to work in a nursing home in Co Galway.

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But arrival she was told this post was no longer available and she was offered a job in a factory owned by the same employer. She started work in September 2000 and was dismissed in February 2001. She took action for unfair dismissal.

During the Labour Court hearing it emerged that on December 12th, 2000, two gardaí came to the factory claiming they were investigating a Russian Mafia prostitution ring. They identified the woman as involved.

The owner told the Labour Court he was concerned when the factory manager told him about the investigation. This was a major factor in the woman's dismissal, and in attempts by the recruitment agency to return her to Russia.

According to the Labour Court, however, there was no official Garda investigation into the woman.

In its recommendation, the Labour Court stated: "The court finds the background to the Garda visit to the factory on December 12th to be extremely disturbing and warranting investigation, particularly as the visit had such serious consequences subsequently for the complainant."

Statements have already been taken from a number of the people concerned and the investigation is continuing, according to a Garda spokesman.

He said he did not know when the investigation would be complete.

Because the gardaí concerned are no longer serving, the options available to the commissioner, if any misconduct is discovered, will be limited, he added.

Three avenues are open when a complaint is made against a serving officer: the Garda internal disciplinary procedures; a complaint to the Complaints Board; and a referral to the DPP if a criminal offence is committed.

The first two are not available when the gardaí concerned have retired. However, the commissioner may send any report on the investigation to the Labour Court, he said.