The Labour Court has overturned an age discrimination finding against the Minister For Health after the Department successfully appealed a decision concerning an internal promotion competition. The Court’s determination, dated 3 February 2023, set aside the Adjudication Officer’s decision in full.
Ms Nicola Matthews, a Higher Executive Officer in the Department of Health, applied for an Assistant Principal post in a 2019 competition but was not shortlisted. She argued that older applicants were shortlisted at lower rates and that the results pointed to indirect age discrimination. The Department said applications were assessed against required competencies through a pass or fail process, and disputed her statistical analysis.
The Court concluded that the data did not establish a prima facie case of indirect discrimination and accepted that the competition was conducted fairly and objectively. It also found Matthews had not shown sufficient evidence of leadership, drive and commitment in her application to pass shortlisting. The Court found the complaint not well-founded and allowed the Minister’s appeal.