The Labour Court upheld the Equality Tribunal’s finding that Rescon did not discriminate against Michael Scanlon on age or gender grounds when it appointed a younger woman to a Senior Bookkeeper post. The Court signed its determination on 29 February 2008, disallowing Scanlon’s appeal. The case listing spells his name Michael Scanlan.
Scanlon said the interviewer’s birthday greeting, a recruiter’s comment that he was too experienced, the job advertisement’s reference to further education and the successful candidate’s gender pointed to discrimination. Rescon Ltd said it selected her for relevant experience and management background.
The Court found the birthday greeting was not discriminatory. The recruiter had not made the hiring decision and had no direct knowledge of why Scanlon was not appointed. The Court also found the educational reference did not support the age claim and that the applicants’ age profile did not indicate age bias. It concluded that Scanlon had not been discriminated against on either ground.