Four customs officers passed over for promotion because of their age have been awarded a total of €42,000 in compensation. It is the first successful case taken by older civil servants under the 1998 Equality Employment Act.
An equality officer has ruled that three of the officers be appointed managers of mobile task units in the Revenue Commissioners, with seniority backdated to the time of the interviews in February 2000. They will also receive compensation for lost earnings. So will the fourth applicant, who is to be offered a new opportunity to apply for the position.
Welcoming the decision yesterday, the deputy general secretary of the Public Service Executive Union, Mr Tom McKevitt, said it could have wide-ranging implications for other civil servants. "It will alert union members and public service employers to the fact that age cannot be a factor in assessing people for jobs, whether they are 20 or 60."
Three of the four applicants had experience in the area. The fourth was asked at interview why he was going for the post at this stage in his career. When the union sought information from the Revenue Commissioners on the ages of the people who applied for the jobs it transpired that none of the successful applicants was over 50 and most were under 40. The ages of the four men who took the case ranged from 53 to 56.
Mobile task units are involved in monitoring and intercepting smuggled goods that have successfully evaded customs at the main points of entry into the State. Mr McKevitt said the posts for which the four men had competed were essentially management jobs in charge of mobile enforcement units. "An ability to plan the tasks was more important than the physical fitness to pursue Revenue offenders." The four claimants were "vastly experienced officials".
The job is at higher executive officer grade and carries an allowance worth €8,500 a year. The equality officer ruled that the men should receive the allowance for each of the past two years since interviews had taken place, plus €2,000 each for distress.