Teacher (60) asked if he had ‘energy’ for role wins age discrimination case

A secondary teacher in his 60s who was asked in a job interview if he had the “energy” for the role at “the stage he had reached in his career” has been awarded more than €3,000 in compensation for age-related discrimination.

The Workplace Relations Commission has upheld a complaint by Laurence Dunne under the Employment Equality Act against Franciscan College Gormanston in Co Meath.

Mr Dunne claimed he was discriminated against on the grounds of age when he applied for the role of caomhnóir, or housemaster, at the school for the academic year starting in September 2019.

Franciscan College denied any discrimination.

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The commission heard Mr Dunne, who was aged 60 at the time his case went for adjudication in March 2021, was rejected in favour of the only other candidate – a colleague about 30 years his junior.

The role would have required four hours’ work more a week on top of his existing position as assistant principal and came with an allowance of €3,300, the hearing was told.

Mr Dunne said he was asked at interview how, in view of “the stage he had reached in his career”, he would discharge the duties of the additional role and “a question related to his energy”.

He said he gave a “long and detailed answer explaining how physically fit he was” and explaining he was in good health – and was not interrupted by his interviewers to say this was not the question. He argued it was therefore reasonable the references made to his “energy” at interview, and the related discussion, was a question related to his age.

The successful candidate was “considerably younger” than him, he added.

After being told he would not get the post, he appealed through the school’s grievance procedure.

Mr Dunne said the principal told him during a meeting there had been “serious irregularities in the process” and they agreed to adjourn so the principal could “take advice”.

But when they met again some days later, the principal told him he had been advised by the Joint Managerial Body – the group representing religious secondary schools – “to no longer discuss this complaint” and the matter was closed, Mr Dunne said.

He said he was left with no option except to lodge a formal complaint with the commission.

“There can be little doubt to a candidate who is 60 years of age that being asked a question related to his stage in his career and the energy that he has to apply to a post will give the impression that his age is a factor,” wrote adjudicating officer Gerry Rooney in his decision.

Mr Rooney found that this amounted to age-based discrimination in breach of the Employment Equality Acts and ordered Franciscan College to pay Mr Dunne €3,300 in compensation.