The Labour Court dismissed Robert Sheehan’s appeal against a finding that the Director Of Public Prosecutions had not discriminated on age or gender grounds when appointing a Solicitor to the DPP. The determination was dated 14 December 2004.
Sheehan argued that his qualifications and experience were stronger than those of the successful candidate and that the selection process was unfair. The Court accepted he was an outstanding candidate but found the board had considered another candidate more suitable by a narrow margin. It found no evidence that the process was unfair or discriminatory, and no basis to conclude the board’s decision was irrational.
The Court said the failure to retain contemporaneous interview notes was regrettable, but found it insufficient to raise an inference of discrimination in this case.