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WRC rejects Linda Heaney’s HSE gender discrimination complaint

By Aoife Loughran

Historic decision · Decision date:

Place: no local area assigned from the source.

The Workplace Relations Commission found that Linda Heaney had not established gender discrimination by the Health Service Executive over its job evaluation scheme. No award was recorded. The decision was dated 27 September 2024.

Heaney, a housekeeper at Cork University Hospital, argued that housekeepers and porters did similar work but remained in different bands after Phase 4 of the HSE scheme. She said the grading disparity discriminated against women and sought compensation and a correction to her grade. The HSE denied discrimination, saying roles were evaluated consistently and Heaney’s grade did not qualify for an uplift based on its score.

The adjudicator said the evidence did not support an inference of discrimination. In particular, the complaint lacked a properly supported comparison with porters, including a complete job description and relevant pay information. In discrimination cases, a complainant must first establish facts that could support an inference of discrimination before the employer is required to answer it. The WRC concluded that Heaney had not shown she was treated less favourably because of her gender, so her complaint could not succeed.

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