The Labour Court disallowed Michael Murphy’s appeal over his disability discrimination claim against An Garda Siochana, affirming the decision that the Equality Tribunal lacked jurisdiction to investigate it. The determination was dated 3 April 2012. The claim’s merits were not decided.
Mr Murphy said he had been rejected from Garda recruitment as unfit for policing duties. He argued that a letter he sent to an Assistant Commissioner in July 2007 should count as referring his discrimination claim. The Court found the letter expressed disappointment and sought information, but did not identify discrimination or ask for redress. It therefore did not meet the statutory condition for referring the claim to the Equality Tribunal.
The Court also rejected his argument that An Garda Siochana should be prevented from relying on that failure. It found no basis to conclude the respondent had acted dishonestly or disreputably, noting that the requirement had come to light only when counsel later advised on the case. The Court concluded that the Equality Officer had correctly declined jurisdiction, disallowed the appeal and affirmed the Tribunal’s decision.