A teacher who was denied a promotion given to an older colleague has been awarded €6,500 by the Equality Tribunal and appointed to a new, equivalent post. The tribunal also found that he had been victimised for taking the case.
Mr George Dunbar took the case against the Good Counsel College in New Ross in Co Wexford. He had applied for a position as assistant principal, along with another teacher. Both had equal seniority in the school, but the other candidate was older.
Both candidates were considered suitable for the post by the interview panel. However, the school decided that in these circumstances the candidate's date of birth determined seniority, and they appointed the older teacher to the post.
The equality officer found that Mr Dunbar was discriminated against on the grounds of age, and that the use of seniority based on date of birth was discrimination under the Employment Equality Act. It also found that the calculation of seniority on age grounds did not comply with the guidelines of the Department of Education and Science.
"I am happy I was totally vindicated," Mr Dunbar told The Irish Times. "Irish law has been upheld, along with the dignity of teachers who make a stand. It has taken three years, but I think it was worthwhile."
Mr Niall Crowley, chief executive of the Equality Authority, who assisted Mr Dunbar in taking the case, welcomed the decision and pointed out that in the past three years 89 complaints of discrimination on age grounds in employment had been made to the authority.
Mr Paul Murray of Age Action also welcomed the decision. "The date on one's birth certificate is no more than that, a date, which is no indication of the talents, character and professionalism of a job or promotion candidate," he said.