The Workplace Relations Commission found that An Garda Síochana did not discriminate against a Detective Garda by refusing to permit motorcycle duties, and did not victimise him over delays in handling his challenge. The decision was dated 16 November 2023.
The complainant argued that his condition did not make him unfit for motorcycle duties and that the assessment process was discriminatory. The respondent said regular motorcycle use meant prolonged, unpredictable noise exposure and risk to his unaffected ear. The adjudication officer found that the medical information had been considered, including the specialist’s views, and that the specialist deferred the occupational health decision to the Assistant Chief Medical Officer. The officer also found that the alleged delay was not shown to be a reaction to an equality complaint or threatened proceedings.