An arbitrator's finding that certain candidates for assistant principal posts in a Dublin school had had an unfair advantage because they had experience of the work was rejected by the High Court yesterday.
The action arose out of a 1998 advertisement at Deansrath Community College, Clondalkin, Co Dublin, for five assistant principal posts. A selection board had recommended five successful candidates.
Two unsuccessful candidates appealed the selection and an arbitrator was appointed to decide if the agreed criteria and marking scheme had been applied by the board.
Mr Ercus Stewart SC, for the Co Dublin Vocational Education Committee, said the arbitrator had allowed the appeals on the basis that the successful candidates had previously been assigned to duties of responsibility within the school, which amounted to "pre-empowerment". He said the arbitrator's decision was fundamentally flawed because he exceeded his functions, which were confined to whether the selection board applied the specified marking criteria.
Mr Aedan McGovern SC, for the arbitrator, said the committee was authorised not to make an appointment or to depart from the list prepared by the selection board where it considered it had good and sufficient reason. The arbitrator hearing an appeal must surely have similar powers.
Mr McGovern said candidates for the posts had to say how they would fulfil the requirements of the post. There appeared to be a practice of appointing people to posts of responsibility, then advertising and appointing those people to positions. This meant other candidates who did not have experience were not on a level playing field.
Mr Justice Kearns made an order quashing that part of the arbitrator's decision which had allowed the appeal of the two teachers.