Civil service promotions will be scrutinised following an Equality Tribunal judgment that found a candidate was discriminated against because of age.
The case was taken by an official in the Department of Enterprise, Mr Brian O'Byrne, who claimed he was discriminated against on age grounds by not being placed on a higher salary scale. He also claimed he was victimised for bringing an earlier claim alleging discrimination on gender grounds, which was subsequently withdrawn. He won both claims, and was awarded €3,000 for the age discrimination and €5,000 for the victimisation.
Ironically, Mr O'Byrne now works for the Equality Tribunal (Office of the Director of Equality Investigations) as an equality officer. Although not awarded the higher salary for his own grade in the Department of Enterprise, he was later promoted by the Civil Service Commission into the Department of Justice, and from there moved into the ODEI.
Because the case concerned an equality officer, it was heard by a specially-appointed temporary equality officer. Mr O'Byrne claimed that he was not selected for placement on a higher salary for certain higher executive officers. Under an agreement with the relevant union, new salary scales were introduced in return for flexibility, and this involved 30 per cent of higher executive officers being assigned to a higher scale. The percentage was selected on the basis of an assessment within the Department.
He claimed that senior managers in the Department discovered that, by using one system for promotions, the next four or five promotions would go to officials over 40. This would, he claimed, damage the "young and dynamic" image the Department wished to promote. Therefore they introduced a new scheme designed to give them more flexibility. Mr O'Byrne was then 42.
In her judgment the equality officer pointed out that, while 61 per cent of those eligible for consideration for the higher scale were over 40, only 37 per cent of them were promoted to this scale.
However, 60 per cent of those eligible and under 40 were placed on that scale. In the meantime, Mr O'Byrne had applied to the Civil Service Commission for promotion to a higher grade, that of assistant principal officer. He was successful, and was promoted into the Department of Justice. His claim therefore concerned back pay.
As he was selected in open competition for promotion, the equality officer questioned the conclusion that he was not qualified for a higher payment in his previous grade.
She therefore found that he had been discriminated against, and also concluded that the way in which he had been treated overall amounted to victimisation for questioning the procedures.