The Labour Court upheld a finding that Adelaide & Meath Hospitals indirectly discriminated against Sheila Wilson in a porter recruitment competition, leaving her €1,000 compensation and appointment remedies in place. Its determination was dated 11 March 2003.
Wilson applied for a permanent porter post in February 2000 alongside 12 other candidates. The hospital appointed eight male candidates who already held temporary porter posts. The Court found that the selection criterion was easier for men to meet and that the hospital had not justified it. It rejected direct discrimination because the preference was based on temporary status, not sex. Wilson’s complaint about 1999 vacancies also failed: the posts upgraded existing temporary jobs, there was no meaningful competition, and she had not applied.
The hospital appealed the indirect discrimination finding, while Wilson cross-appealed the other findings and the compensation amount. The Court upheld the Equality Officer’s decision and disallowed both appeals. The €1,000 compensation and directions to advance Wilson’s appointment date to 8 May 2000 and make her appointment permanent remained in place.