Four male civil servants who were discriminated against by their employer, the Revenue Commissioners, on age grounds, have been awarded a total of €8,000 by an equality officer.
The four middle-ranking employees are all over 50. Mr Liam O'Mahony, Mr Michael Lovett, Mr Tomás Ó Tuama and Mr Terence Smith are higher executive officers on customs and excise "revenue mobile service" duties in the Office of the Revenue Commissioners.
All four "applied for a competition for appointment to certain enforcement duties carrying an allowance", but were unsuccessful. The four each get €2,000 in compensation.
Supported by the Public Service Executive Union, they argued that the success rate of candidates over 50 years of age in the competition was significantly less than that of younger candidates. They contended that they were discriminated against because of their age, in not being placed on the panel of successful candidates.
The Revenue Commissioners denied that any discrimination took place.
The equality officer from the Office of the Director of Equality Investigations (OEDI) was satisfied that the men were discriminated against on grounds of their age. He noted in particular a number of inconsistencies in the marking of the candidates.
The ODEI said: "Having regard to the quality of the supervisor assessments received by three of the complainants - Mr Lovett, Mr O'Mahony and Mr Ó Tuama - going into the competition, and Mr Ó Tuama's performance in a previous competition to fill similar posts, the equality officer was satisfied that their age had become a deciding factor."
It was also found that the fourth man, Mr Smith, was asked a discriminatory question, which the equality officer was satisfied related to his age.
The Revenue Commissioners were found to have contravened Section 8 of the Employment Equality Act, 1998 and to have discriminated against the first three complainants on grounds of age in failing to appoint them to enforcement duties.
The Revenue also contravened the legislation and discriminated against Mr Smith on grounds of age in the manner in which he was questioned at interview.
The equality officer ordered that Mr Lovett and Mr O'Mahony be appointed to enforcement duties "in accordance with the terms of the disputed competition" and that measures be taken to ensure that any disadvantage they might have suffered was redressed. (Mr Ó Tuama had already been appointed from another competition).
The Revenue Commissioners were also ordered to reconsider Mr Smith's standing with regard to the competition and if necessary, allow him to be re-interviewed for the position by a different selection board.