€12,500 for worker not shortlisted for post

A health board employee who had to use the Freedom of Information Act to find out why he had not been interviewed for promotion…

A health board employee who had to use the Freedom of Information Act to find out why he had not been interviewed for promotion has been awarded €12,500 by the Labour Court.

Mr Anthony Curran, who works for the North Eastern Health Board, applied on two occasions for promotion but was not short-listed for interview.

Mr Curran, who is currently acting section officer at Monaghan Disability Services, claimed he met the criteria specified by the board for the two positions.

The matter was referred to a rights commissioner for investigation.

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She awarded him €2,000 in compensation as a full and final settlement last October, and he appealed that decision to the Labour Court.

In a recommendation just published, the court said the process used by the board in short-listing for the two positions had been neither open nor transparent.

It found it "totally unsatisfactory" that Mr Curran was "put through the Freedom of Information route to obtain answers to his legitimate queries".

It also found the board's personnel department's handling of the case to be "less than satisfactory".

Mr Curran had told the court that the short-listing process for the two competitions was defective and unfair, and his qualifications and experience should have given him a good chance of being appointed.

He claimed that, given the loss to him in career terms arising from his not being allowed to compete for the posts, the rights commissioner's award was insufficient.

The health board accepted that the interview process could have been "more customer-service oriented", but said it had always been fair and impartial.

Mr Curran had met the educational criteria for the competitions, but did not fully meet the requirement of three years' relevant experience, it said.