The Workplace Relations Commission (WRC) has found that the Garda Representative Association (GRA) victimised a female applicant while applying for a senior role in the organisation.
They have ordered the GRA to appoint Tara McManus to the post of Assistant to the General Secretary.
As part of the ruling, WRC Adjudicator, Jim Dolan has also ordered the General Secretary of the GRA, on behalf of the association’s Central Executive Committee (CEC), to provide an assurance to Ms McManus that there will be no negativity shown to her on her appointment.
In her case where she was legally represented by the Irish Human Rights and Equality Commission (IHREC), Ms McManus was not seeking any financial compensation and arising from that, Mr Dolan stated that “I therefore award her no financial compensation”.
The IHREC stated on Thursday that “this is a significant case for the interpretation of Ireland’s employment equality law and how it impacts women in traditionally male sectors of employment”.
On the role of Assistant to the General Secretary, Mr Dolan stated from the GRA website, the vacancy is still open and should it be the case that the vacancy has already been filled Ms McManus should be appointed as a supernumerary.
Mr Dolan stated that Ms McManus “was, by far, the most suitable candidate for the position”.
The WRC has ordered the GRA to appoint Ms McManus to the role after she twice failed to be appointed despite being recommended by the interview board and an external recruitment agency for the role.
Ms McManus - who is a serving Garda - failed to be appointed when she did not secure the required two thirds majority of members to vote in her favour at the GRA CEC.
Gender discrimination
In his ruling, Mr Dolan highlighted comments made by a CEC member prior to a vote by the CEC in November 2021 where the member allegedly stated “This is a shitshow. We have to move forward. This vote will bury this Association. I voted on the sole reason she’s suing the Association…and you can tell her that.”
The member’s comments relate to Ms McManus instigating a gender discrimination claim in July 2020 against the GRA concerning her first failed attempt to secure the role and in the November 2021 vote, Ms McManus could only secure 56 per cent of the vote falling short of the required two thirds majority required.
Finding that Ms McManus was victimised for instigating the gender discrimination claim against the GRA, Mr Dolan stated Ms McManus was victimised prior to the ratification process by at least one member of the CEC.
He said: “It is impossible to say what effect his statement outlined may have had on other members prior to the vote. The complaint of victimisation is well-founded.”
Ms McManus has been a member of An Garda Síochána since February 2000 and has held several positions since that time including one for three years in the Garda Press Office and is currently assigned as Garda Instructor, Continuous Professional Development Office, at Drumad Garda Station.
Instructed by Ms Áine Breathnach of IHREC, Ms Kiwana Ennis BL stated that the appointment to the position of Assistant to the General Secretary would be a significant promotion for Ms McManus but to date has been denied to her and this “has been a profound source of disappointment and distress” for Ms McManus.
Boys club
In response to Ms McManus’s first failed attempt to be appointed to the role, a member of the interview board in a letter to then GRA General Secretary dated July, 8th 2020 stated that when he informed the members within his division about the outcome of the ratification vote, they expressed “extreme anger and frustration” with the CEC.
Ms Ennis stated that concerning the 2020 CEC vote, two members of the CEC had unsuccessfully applied for the Assistant to the General Secretary position being voted upon yet were present for the vote on the ratification of Ms McManus to the position.
Ms Ennis also highlighted an independent 2017 Ampersand Report into the leadership of the GRA.
The report found that “the ‘boys club’ metaphor reflects the reality of the 30:1 ratio of male to female membership of the CEC when the Association’s membership is 27 per cent female”.
Ms McManus failed in her gender discrimination claim against the GRA after Mr Dolan stated “one cannot conclude that the CEC voted as it did due to the Complainant’s gender. It is for this reason that I must now decide that the complainant as presented is not well founded”.
The GRA rejected both claims and in relation to the claim of victimisation told the WRC that Ms McManus could not have been subject to victimisation on November 23rd, 2021 arising from her first complaint as the vote in November 2021 was more favourable in comparison to the February 13th, 2020 decision.
The GRA now has 42 days from the date of decision to appeal the WRC outcome and a GRA spokesman said today: “While we 100 per cent respect the decision of the WRC Adjudication Officer, we remain within the consultation process and are receiving advice on the same. As such, it would be inappropriate to comment on this matter further until it has been finalised.”
