Service will appeal ?70,000 award to nurse in discrimination case

An award of €70,000 made to a nurse after a finding of discrimination on the grounds of gender by the equality tribunal is to…

An award of €70,000 made to a nurse after a finding of discrimination on the grounds of gender by the equality tribunal is to be appealed by the Daughters of Charity Service.

Ms Martha McGinn, a registered nurse for the mentally handicapped, claimed she was discriminated against when she was not appointed to the position of nursing practice development co-ordinator.

The tribunal was told that Ms McGinn was one of two applicants for the position.

The other applicant was male, and after an interview he was successful.

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The Daughters of Charity of St Vincent de Paul, in its submission, said the successful candidate was selected on the basis of his suitability for the position.

The service denied it discriminated against Ms McGinn and said the selection process was carried out in a fair and objective manner.

Yesterday, the director of the Daughters of Charity Service for Persons with Intellectual Disability, Mr Walter Freyne, said the decision would be appealed.

"We have lodged an appeal and the case will go to the Labour Court next," he said.

The tribunal decided that Ms McGinn should be paid compensation in the form of arrears of pay in the gross amount of €60,000 plus €10,000 for the stress suffered as a result of the discrimination.

The employer was also ordered to undertake to implement fair and transparent selection procedures in future competitive competitions for employment and promotions.

Mr Freyne said the service for persons with intellectual disability was one of many services provided and was separate from the Daughters of Charity order.

The service had centres in the Eastern Regional Health Authority and the Mid-Western Health Board regions, he said.

The equality tribunal, in its ruling, said the organisation was one of the largest service providers in the intellectual disabilities sector that provided a number of day, residential services, community bases and sheltered workshops.

The organisation employed in the region of 1,300 staff, including approximately 600 nurses.