The Labour Court has rejected Mr Damian Johnston’s appeal against the dismissal of his gender discrimination and victimisation complaints against The Board Of Management Of Ardscoil Mhuire. In a determination dated 2 January 2024, the Court found that he had not established either complaint and upheld the Adjudication Officer’s decision.
Johnston, a guidance counsellor at the school since 2006, said he was the only male teacher and that the 2019 acting assistant principal interview disadvantaged him. He argued that the questions did not reflect his role and that his seniority should have counted in his favour. The Board disputed discrimination and victimisation, saying candidates were asked the same questions and the successful candidate performed better.
The Court found that being the only male teacher and guidance counsellor was not enough to establish discrimination. Johnston accepted that the interview questions and competencies had no gender slant. On victimisation, the Court found that his email of 25 June 2019 did not oppose an unlawful act by lawful means, so it was not a protected act under the provision he relied on. Both complaints failed, and the Adjudication Officer’s decision was upheld.