Retired garda takes claim for unpaid wages after allegation of sexual harassment

A garda who retired after making an allegation of sexual harassment against a colleague has taken a claim for unpaid wages at the Employment Appeals Tribunal.

Karen Pound (43), Roscrea, Co Tipperary, is claiming unpaid wages of almost €28,000. The tribunal heard she retired in January after a prolonged period of sick leave due to work-related stress.

During the case, barrister for the Garda Síochána Niamh McGowan revealed Ms Pound had made a complaint to the Garda confidential recipient in January 2012, a process that is supposed to be confidential.

Ms Pound then left the hearing in tears and barrister Tiernan Lowey, her representative, protested and said the information should not have been revealed. He said his client’s work-related stress was caused by sexual harassment in 2006.

Pay was halved

He said she should have been entitled to full pay from the time she went on sick leave in January 2011 because she was injured while on duty, but her pay was halved and then ceased in August 2011.

The Garda has denied the claim. Ms McGowan said the chief medical officer found Ms Pound was fit to return to work in April 2011.

The tribunal heard the alleged sexual harassment occurred when Ms Pound worked at Kildare Garda station and included an incident at the home of a colleague.

An informal investigation into the allegations was carried out and a superior officer spoke to the garda concerned and he undertook not to do it again.

Ms Pound continued to work with the garda and subsequently complained he was harassing her again and had deleted work she had completed from a computer. The garda against whom the allegation was made retired in 2008, the tribunal was told.

Giving evidence, GP Dr George McManus said in 2011 Ms Pound was in a very bad place both physically and emotionally. Her confidence was very low and she had suicidal ideation, he said.

He agreed he was aware of a report from a consultant psychiatrist written in 2008 that said Ms Pound suffered “significant psychological sequelae” as a result of the sexual harassment at work.

Second opinion

He agreed that in April 2011, the same psychiatrist reported that Ms Pound was fit to return to work, but he did not agree that she was. He said the psychiatrist was “not God” and he recommended a second opinion.

“The thought of returning to her job, even the thought of getting out her Garda uniform, was very upsetting for her,” Dr McManus said.

Queries had also been raised at the hearing about whether Ms Pound’s claim, received in March 2012, was out of time.

Dr McManus gave evidence that Ms Pound was not capable of filling out the necessary documents in 2011 to apply to the tribunal.

Ms McGowan queried Ms Pound’s incapacity and said she had been able to make a detailed written complaint in 2011 and a complaint to the confidential recipient in January 2012.

The case was subsequently adjourned pending a High Court action for personal injuries.