WRC hears case of teacher in job interview who lost out to candidate with no registration for subject

“He submits that he was directly discriminated against in the interview process on the ground of age,” the Workplace Relations Commission heard.

The WRC heard that Brendan O'Byrne started working on a fixed-term contract at the secondary school as a maths teacher in October 2022. File Picture.

A leading secondary school looking for a maths teacher initially selected a candidate who did not have a Teaching Council of Ireland registration for maths, the Workplace Relations Commission has heard.

One of the unsuccessful candidates for the job at Waterford's Kennedy College maintains that the fact that the successful candidate was also younger than him amounted to age discrimination.

It was in the course of hearing that claim against Waterford and Wexford Education Training Board — which manages the school — that it emerged that the successful candidate later had to withdraw their application.

Brendan O'Byrne told the WRC that as the successful candidate had withdrawn, he should then have been offered the job, which he had initially been shortlisted for.

The WRC heard he started working on a fixed-term contract at the secondary school as a maths teacher in October 2022.

That same year, he applied for a second fixed-term position and was interviewed for it in July 2023.

But he was unsuccessful because, he claims, he was discriminated against by the interview panel on grounds of age.

The WRC heard he maintained that he had “more than the required attributes for the role”, as well as over 10 years’ teaching experience, supported by references.

He claims the highest-scoring candidate was a newly qualified teacher with no maths teaching experience and was up to 15 years younger than him.

“He submits that he was directly discriminated against in the interview process on the ground of age,” the WRC heard.

As a result, he tried to appeal the decision, but there was no appeals procedure open to staff such as him on fixed-term contracts.

He then requested feedback and a scoring breakdown, then he made a data access request for his interview notes, which were duly released.

The WRC heard that following the interview, it emerged the successful candidate did not hold Teaching Council of Ireland registration for maths, and that candidate’s application could not progress.

As no other candidate had been panelled, the respondent was required to re-advertise the position.

Waterford and Wexford Education Training Board re-advertised the role, combining maths and geography.

The WRC heard that Mr O’Byrne did not have a Geography qualification and did not apply.

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There were no applications for that position, so the college re-advertised again, this time for a maths and learning support role.

Kennedy College submitted that Mr O’Byrne could have applied for that position if he wished, but he did not do so.

Workplace Relations Commission adjudication officer Orla Jones said: “The complainant [Mr O'Byrne] stated he was asked a question at an interview regarding the use of modern technology in the classroom.

"He submitted that this was an ageist question and was designed to favour younger candidates.

“The complainant at the hearing stated that he took issue with the phrasing of the question and disputed that it was phrased as recorded in the interview notes.

“The complainant stated that the way the question was phrased was strange.”

Despite his claim to have been discriminated on the grounds of his age, Ms Jones concluded: “I find that the complainant was not discriminated against by the respondent on grounds of age in respect of the selection process.”