The Labour Court affirmed a finding that the Department Of Health did not discriminate against Gerard Maguire in a secondment selection process. The determination was dated 20 June 2016.
Maguire, a wheelchair user, argued that the Hepatitis C and HIV Compensation Tribunal’s building was inaccessible and that the selection process lacked interview notes and a ranking scheme. The department accepted that the building was inaccessible but said access would have been provided had Maguire been assigned there.
The Court accepted that all three applicants were suitable and that no ranking was conducted. The person ultimately assigned was more senior than Maguire. The Court found that the department had rebutted the presumption of discrimination and determined that it had not discriminated against him on the ground of disability.