The Department of Health and Children has been ordered to pay €40,000 to a civil servant who was discriminated against in competitions for promotion because of his age.
An appeal by the Department against the award, initially made by an equality officer last year, has been dismissed by the Labour Court.
It found that Mr John Gillen, an assistant principal officer, was discriminated against in two competitions for promotion because he was over 50.
It also upheld the equality officer's finding that the Department should ensure its internal interview boards had adequate training and that comprehensive interview notes were retained. In Mr Gillen's case, interview notes and records had been destroyed.
Mr Gillen claimed his failure to be selected in two competitions in November 1999 was the result of a policy or practice within the Department which discriminated against older candidates.
He was 54 when his applications for the two posts in question, principal officer and assistant principal (higher duty allowance), were dealt with.
He produced statistics showing that in a series of competitions between 1999 and 2003 no candidate over 50 was successful.
The court found that the statistical evidence was not conclusive but that "consciously or unconsciously" a bias had been created in favour of younger candidates.
