The Labour Court dismissed Kevin Kearney’s appeal against a finding that he was not discriminated against in a driver-tester recruitment process at the Department Of Environment And Local Government. The determination was dated 5 December 2003.
Kearney said interviewers drew attention to his birth in the UK and his Royal Air Force experience. The Department said it asked about his RAF experience to explore his work background and put him at ease. It also said he did not reach the qualifying marks for knowledge of the Rules of the Road and general suitability.
The Court found the interview marking system was standard and consistently applied. Candidates who did not reach the required mark for Rules of the Road knowledge were also marked generally unsuitable, and all candidates were notified of the competition result on the same day. The Court said the interview remarks could suggest discriminatory intent, but found they were made to explore Kearney’s experience and put him at ease. It concluded he was not treated less favourably on racial grounds.