Labour Court upholds age discrimination finding against Monaghan VEC, overturns €10,000 award

The Labour Court upheld an age discrimination finding against Monaghan Vocational Education Committee over Mary Carroll’s non-selection for a special duties teacher post, but overturned the Equality Officer’s €10,000 compensation award. The determination was signed on 22 November 2004. Carroll’s union representative said she was not selected in a competition held in January 2001 and that younger candidates were successful. The VEC argued that the marks reflected her application and interview performance, not her age. The Court found that younger candidates received higher marks in two categories where the interview board had discretion. It said the VEC had not satisfactorily explained Carroll’s marks and found that she was discriminated against on age grounds. The Court upheld the direction to backdate her appointment to the date the successful candidates were appointed and the requirement to keep comprehensive interview notes for at least 12 months. It overturned the €10,000 compensation award, finding Carroll was not unduly distressed by not being appointed.