Labour Court overturns €93k discrimination award ruled by WRC in 2018

Deputy chairman of the Labour Court overturned the WRC decision in 2018 to award Ms Pamela Brennan €93,498 on the grounds of gender discrimination.

The Labour Court has overturned a €93,498 discrimination award made to a deputy primary school principal.

Scoil Mhuire agus Iosaf successfully appealed to the Labour Court a 2019 Workplace Relations Commission (WRC) ruling which ordered the Catholic co-ed school to pay the €93,498 compensation award to Pamela Brennan.

The WRC found the school, based at Collooney, Co Sligo, discriminated against Ms Brennan on gender grounds concerning a contest with a male colleague, Paul Colreavy for a school principal’s post.

The WRC adjudication officer found “that the process was tainted with discrimination on gender grounds”.

However, the deputy Labour Court chairman, Alan Haugh, has now said the 2018 selection and interview process has been rationally accounted for by the school’s witnesses.

Mr Haugh said the court is now fully satisfied that the candidates were ranked on the basis of their performance at interview and the quality of their answers.

He said there is no evidence that Ms Brennan’s gender played any role in the panel’s assessment or decision.

Mr Haugh said the evidence before the court was that the successful candidate, Mr Colreavy, outperformed Ms Brennan “by a country mile on the day and was, on that basis and that basis alone, selected for appointment to the post of principal”.

Mr Haugh said the panel members all said that Ms Brennan “did not sell herself at interview and did not perform as well as she was capable of doing on the day”.

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He said: “Evidence of this nature adduced from witnesses with such vast experience of school leadership and sitting on interview panels must be given due weight by the court.” 

It was claimed, on behalf of Ms Brennan, that the school wanted a male to be appointed to fill the vacant position of principal.

Counsel on behalf of the school, Ms Rosemary Mallon BL contended that Ms Brennan adduced no evidence in either direct examination or cross-examination that gender played a role in the panel’s decision-making process.

Ms Brennan had graduated with a BEd degree from St Patrick’s College, Drumcondra, in 2005 and completed her teaching diploma in 2007-2008.

On behalf of Ms Brennan, Ms Noreen Brennan Donoghue submitted that the outcome of the selection and appointment process had had huge implications for Ms Brennan and her family, her long-term future, retirement and pension.

Ms Brennan Donoghue told the court that Ms Brennan had been passed over for promotion in the most awful way “because somebody didn’t want to upset somebody”.