The Workplace Relations Commission found that An Garda Síochána discriminated against Jacinta Kenny because of her disability by failing to promote her to Sergeant, and ordered it to pay her €50,000. In a decision dated 21 June 2023, the WRC also ordered the force to treat her equally when considering her promotion and to provide the materials and reasons relied on in decisions about her file.
Kenny had been eligible for promotion since 2019, but remained unpromoted while others from the same competition advanced. The WRC found that an unsubstantiated account of a 2019 conversation, which it found inaccurate, had effectively blocked her application. It said the Garda had not rebutted the inference of discrimination.
Kenny said she could perform non-frontline duties with her work-from-home accommodation and had performed well in office-based roles. The Garda said the Sergeant role could involve frontline duties and her promotion remained under review. The WRC found Kenny fit for work with her existing accommodation. A second complaint was formally closed as a duplicate.