Garda took sick leave due to alleged ‘racial torment’ by colleagues

A garda out on sick leave due to alleged bullying and "racial torment" by colleagues has launched a High Court challenge over the reclassification of his illness as ordinary illness rather than work-related.

Deming Gao, a native of China who is a naturalised Irish citizen, joined the force in 2008.

He was stationed at Dún Laoghaire and Shankill Garda stations where he was subjected to “prolonged and persistent bullying, harassment and racial torment”, his counsel Mark Harty SC told the court on Monday.

Garda Gao brought the incidents to the attention of his superiors and had spoken with a welfare officer within An Garda Síochána, counsel said.

When his colleagues learned of that 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, it is claimed.

His religious beliefs, ethnic background, and personal and family values were also ridiculed by a number of his colleagues, it is further claimed. He had relocated to Shankill but continued to experience mistreatment from fellow members of An Garda Síochána.

‘Unfit for work’

Mr Harty, instructed by Kilfeather & Company Solicitors, said Garda Gao was subjected to a verbal attack by a Garda colleague in November 2016.

He went to his doctor and was deemed unfit for work due to stress. He had also attended for assessment at the Garda Occupational Health Service.

Garda Gao’s injury was classified as injury on duty but in May 2017 he was informed in correspondence 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 the initial classification was issued in error and no other reason or explanation has been given to him for the reclassification.

The Garda Commissioner had also sought repayment of money allegedly overpaid to Garda Gao and, while no breakdown of the alleged overpayments was provided, the commissioner has commenced deducting money from the nominal payments to him, it is claimed.

Mr Harty said his client sought to appeal the reclassification, but was informed in a letter sent last month his sick leave remains classified as ordinary illness.

‘No legal basis’

The commissioner has “no legal basis” to reclassify the injury, counsel argued. The decision was made outside the powers of the commissioner, without taking into account the views of Garda Gao, his medical advisers or the Garda’s own chief medical officer, without adequate reasons and in breach of natural or constitutional justice.

As a result of the reclassification, Garda Gao and his young family have suffered financially, counsel said. He is in receipt of a nominal weekly payment and is struggling to make his financial obligations.

Mr Justice Séamus Noonan granted counsel's ex parte (one side only represented) for leave to bring judicial review proceedings against the Garda Commissioner, including for orders quashing the reclassification decision and to have the original classification restored.

He further seeks declarations the Garda Commissioner is not entitled to seek repayment of alleged overpayment of wages.

The matter has been returned to next month.