The Labour Court overturned a €75,500 compensation award to Maura Fitzgerald after Health Service Executive, Midwest University Hospital Limerick appealed a finding of indirect age discrimination in access to promotion. The Court signed its determination on 22 May 2019.
Fitzgerald applied for an Operational Director of Nursing post but was deemed ineligible after the HSE introduced a requirement for a Level 8 postgraduate qualification. She argued that the requirement disadvantaged older nurses and that her experience and earlier qualifications should have been recognised. The HSE said the qualification suited the responsibilities of the post and pointed to its support for nurses pursuing further education.
The Court found the qualification was generally accepted for the post and gave the HSE a statutory defence. It also found that figures about education levels in the general population did not establish that nurses in Fitzgerald’s age group were particularly disadvantaged. The appeal succeeded, setting aside the award and the order requiring a review of the promotion policy.