Garda claims sanction for not logging break to eat cereal was ‘grossly unfair’

A garda has brought a High Court challenge over his transfer from Community Policing to regular policing as a sanction for not logging himself into the Garda Command-and-Control system as being on a break while eating cereal.

The action has been taken by Dublin-based Garda Andrew Dunne who claims that he was wrongly moved from his role in Community policing in early August 2022.

The transfer allegedly occurred several days after Gda Dunne was found by Garda Chief Superintendent Peter Duff having something to eat in the canteen of Rathmines Garda Station in Dublin, before going out on the beat in his capacity as a Community Engagement Garda.

Due to an oversight, Gda Dunne had failed to log himself onto the Garda computer Command and Control System as being on a break, which he was supposed to do.

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He says that he was on the break for 15 minutes, before putting on his Personal Protective Equipment and going out on the beat.

Arising out of the incident in the canteen with Chief Superintendent Duff, who was inspecting the Garda Station at the time he encountered the applicant, Garda Dunne was informed that he was the subject of a complaint.

In response to the complaint, Gda Dunne told his superiors that not logging on was “an oversight” and that “it would not happen again.”

The Chief Superintendent also said in his complaint that another garda, who was in the canteen at the same time as Gda Dunne, was “not wearing a tie, was incoherent, mumbled something about the Chief Superintendent could not interpret”.

The other Garda had also not logged in the Garda computer system as being on a break, it is claimed.

As a result of the complaint Gda Dunne, who successfully won a competition to become a member of the Garda Community Policing Service in 2017, was informed that his position as a community garda was “no longer tenable” and he was re-assigned to “a core policing unit.”

He claims he was “gravely shocked” by the decision, which he says was “grossly unfair,” and the sanction has upset him and his family.

He claims that he raised the matter with his representative body the GRA, but was informed that the decision was final and that there was nothing the GRA could do about the matter.

Represented by Antony Moore SC, with James Lawless Bl. Gda Dunne claims that the decision was unlawful as relevant considerations were not taken into account. Gda Dunne also fears that the alleged behaviour of the other garda in the canteen may have reflected badly on him.

It is claimed that the 45-year-old Garda’s previous good record and service was not taken into account and that what had happened was an oversight.

In his action against both Chief Superintendent Duff and the Garda Commissioner Gda Dunne seeks various orders and declarations including an order quashing Chief Superintendent Duff’s decision to transfer him from Community Policing to regular policing.

He is also seeking declarations including that the decision was made in breach of Garda Discipline Regulations and in breach of Gda Dunne’s constitutional rights.

He also seeks a declaration that the decision was unlawfully made and that it was disproportionate, irrational and unreasonable.

The matter came before Ms Justice Niamh Hyland, who on an ex parte basis, granted Gda Dunne permission to bring his action.

The matter was adjourned to a date in November.