2009 - Previous

This case relates to a claim by Mr A. that he was discriminated against by the Respondent on grounds of disability when the Respondent failed to select him for promotion on the basis of seniority/ suitability in February 2003.  

The Complainant was an alcoholic and contended that members of the deciding board for the promotion were aware of his condition and they allowed this to influence their decision. The Respondent rejected this allegation.  

The Equality Officer found that the Respondent discriminated against the Complainant on the grounds of disability, as an alcoholic never really ceases to suffer from his or her condition, when it failed to select him for promotion based on seniority/ suitability.

The Equality Officer found that: the Complainant should be appointed to the relevant grade with immediate effect, and his appointment backdated to the date of the first appointment from the panel; the Complainant is paid the full necessary adjustment in salary and for any other benefits that applied to the post during that period; the Respondent pay the Complainant €6,000 by way of compensation; and also recommended that the Respondent should take immediate steps to ensure that the promotion process is conducted in an open and transparent fashion and reasons by which it came to a decision can be clearly identified.  

This case highlights to Organisations the fact that recruitment processes should not be in any manner of means open to subjectivity or discrimination. Recruitment processes must be open, transparent and free from any bias.

E034 Alcohol and Disability -  Employee v A Government Department -  Alcohol and Disability