The Labour Court disallowed Dr Eleanor O’Higgins’s appeal over UCD’s decision not to promote her to Professor in 2007, finding that her gender did not influence the decision. The determination was signed on 11 January 2013.
O’Higgins, a Senior Lecturer in UCD’s School of Business and Law, had received favourable recommendations from the College Committee and external assessors. The appointments committee had 12 men and one woman, and kept no minutes of its deliberations.
The Court found those circumstances raised an inference of discrimination, requiring UCD to show that gender had not influenced its decision. It accepted evidence that the committee assessed her against published criteria. In the 2007 round, six of 15 male applicants and two of four female applicants were promoted, which the Court said was inconsistent with a preference for men. It concluded it was more probable than not that gender played no part in the decision. The Court varied the Equality Tribunal’s decision but disallowed the appeal.