The Labour Court disallowed Gerry Kirwan’s appeal over a promotion competition at Tesco Ireland’s Artane branch, finding his non-appointment was unrelated to his gender. It affirmed the Equality Officer’s decision, which had found against Kirwan.
Kirwan argued that he was better qualified than the woman appointed to a senior role in the delicatessen department and that the competition was unfair. Tesco Ireland said the Store Manager selected the candidate he considered better suited. The Court criticised the process for lacking transparency and noted an error in adding Kirwan’s interview score, but accepted the manager’s explanation and found gender had not influenced the appointment. The determination was signed on 23 December 2004.