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Labour Court allows Ballinrobe Community School board’s appeal in discrimination case

By Gráinne Nolan

Historic decision · Decision date:

Place: no local area assigned from the source.

The Labour Court allowed the Board Of Management, Ballinrobe Community School’s appeal and set aside an Equality Officer’s decision in a gender discrimination case involving the appointment of an Assistant Principal. The determination was dated 30 March 2006. Mary Walsh, Kathleen Jackson and Helen Acton argued that they were better qualified and more experienced than the successful male candidate and challenged the selection and marking process. The Board said the candidate had been chosen on merit using gender-neutral criteria. The Court found the women had established facts sufficient to raise an inference of possible discrimination, requiring the Board to explain its decision. It accepted the selection board’s evidence that it chose the candidate because his qualities and attributes best suited the post, and that the Principal had not influenced the selection. The Court found the complainants were not discriminated against on gender grounds.

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