The Labour Court disallowed Denis O' Higgins's appeal against the Department Of Environment, Heritage & Local Government over alleged age discrimination in a promotion competition. The determination was dated 10 April 2008.
He alleged that a critical assessment referring to his years of service influenced the interview panel, that reducing the service requirement for promotion from five years to three disadvantaged him, and that the National Parks and Wildlife Service did not promote people over 50. The Department denied discrimination and said the service change followed an agreement with IMPACT Trade Union.
The Court found that 44 of 144 applicants over 50 and 118 of 377 applicants under 50 were offered promotions during the four years examined. It rejected the alleged age-based promotion practice and found that the agreed service requirement change did not support the claim. The Court found the evidence did not establish a prima facie case of discrimination.