A Galway City Council sanitation worker who was exposed to what a Workplace Relations Commission (WRC) adjudicator called “one of the worst cases of bullying” he has seen has won €25,000 in compensation for disability discrimination.
Thomas Greaney, a road sweeper driver, was awarded the sum for disability discrimination in breach of the Employment Equality Act 1998 because the council made “no adequate effort” to make workplace adjustments after Mr Greaney had to take sick leave for the stress and anxiety caused by the situation.
Jennifer Gibbons of Concannon Solicitors, appearing for Mr Greaney, told the WRC her client was subjected to bullying and harassment from a ganger, or supervisor, by the name of Gerry Daly, when he was transferred to the city north westside area in January 2021.
It was the complainant’s case that Mr Daly made an initial complaint against Mr Greaney two days after he moved under his supervision alleging that the complainant “was not doing what he was asked to do”. It was the first of a “series of complaints” made by Mr Daly, who had “bullied and victimised” Mr Greaney, counsel submitted.
Mr Greaney’s position was that part of this alleged “pattern of bullying and victimisation” included being asked to carry out “improper and unsafe” tasks.
Once, Ms Gibbons said, Mr Daly said there had been a letter from city hall requiring the removal of children’s bicycles from a housing estate – a move Mr Greaney believed would have put him at risk of provoking conflict, because his understanding was that the bikes were Christmas presents belonging to local children.
“It transpired that no email was received,” Ms Gibbons submitted.
Mr Greaney reported these matters to Galway City Council when he filed a formal grievance on 22 March 2021, Ms Gibbons said.
A city council executive engineer, Michael Tuohy, carried out an investigation and upheld two complaints out of nine when he issued findings in June 2021. He recommended mediation – concluding that there was “evidence of a complete breakdown in communication and trust” between the two men.
Mr Daly went absent on sick leave, and Mr Greaney took up his post on an acting basis, the tribunal heard. Mr Greaney refused mediation and requested an independent investigation in July 2021.
It took the city council eight months to appoint the external investigator, with the process only starting in April 2022, the WRC heard. In the meantime, in February, 2022, Mr Daly had returned to work. The complainant was reassigned to a different crew in May that year.
The report was then passed to a Michael Buckley, the council’s senior executive officer in human resources on 21st February 2023. At the time, Mr Greaney wrote to Mr Buckley and said he had been through an “unbelievably difficult and stressful” period and said he was looking forward to a “speedy and firm determination on what happens next”.
Mr Greaney’s case was that he “did not know what was going to happen” and was suffering “ongoing stress” as a result. The tribunal heard he began attending his GP, Dr Val Costello, and had been prescribed medication for anxiety.
The independent grievance report was passed to another senior official, Brian Barrett, and in November 2023, Mr Greaney received a letter from Attracta Lyons, the acting senior executive officer, the WRC was told. The letter said Mr Barrett had made recommendations, that these were “being implemented” and that the investigation was “now closed”.
“The complainant was not told what these recommendations were. He was not told what actions, if any, were being taken,” Ms Gibbons submitted.
Mr Greaney’s case was that he was not separated from Mr Daly until after the investigation was finished. Even at the time of a hearing in May 2024, he still had to see Mr Daly at work, it was submitted.
“He encounters him in the workplace and through words or gestures, Mr Daly continues to intimidate and bully the complainant,” Ms Gibbons submitted.
Denying the complaint, Keith Irvine of the Local Government Management Agency, appearing for the council, told the WRC the city council was “not aware of any discriminatory acts” and took the position that Mr Greaney had failed to set out any inference of discrimination.
In his decision, adjudicator Jim Dolan concluded that for the council to have taken two years and eight months to carry out the investigation was “far too long” – adding: “Matters have been managed poorly by the respondent.”
He said Mr Greaney was looking for a reasonable accommodation for a disability “caused by the treatment he was receiving from his ganger”. This could have been “as simple as separating” the men but “did not happen”, Mr Dolan wrote.
“There was no effort, or no adequate effort made, to reasonably accommodate the claimant in the workplace. [He] was simply told that the investigation had concluded,” Mr Dolan added.
Upholding the complaint, Mr Dolan wrote: “This is one of the worst cases of bullying I have seen, and in relation to the management of the complaint, I find that matters have been managed poorly by the respondent.”
He ordered Galway City Council to pay Mr Greaney €25,000 in compensation for disability discrimination in breach of the Employment Equality Act 1998.
- Sign up for the Business Today newsletter and get the latest business news and commentary in your inbox every weekday morning
- Opt in to Business push alerts and have the best news, analysis and comment delivered directly to your phone
- Join The Irish Times on WhatsApp and stay up to date
- Our Inside Business podcast is published weekly – Find the latest episode here
