Mr. Paul Joseph Ennis V Irish National Heritage Park, Wexford
File ref: EE/2004/200
Date of issue: 23 December 2005
Employment Equality Acts 1998 and 2004
DEC-E2005-062
Key Words:
Employment Equality Acts 1998 and 2004 - direct discrimination - disability ground - recruitment - prima facie case.
Dispute:
The complainant, Mr. Paul Joseph Ennis, referred a claim on the disability ground to the Equality Tribunal on 12 October 2004 against the Irish National Heritage Park, Wexford, in relation to recruitment for vacancies on a Social Employment scheme in the Park. An issue arose in relation to nationality but Mr. Ennis confirmed his claim was not on the race ground.
The hearing of the case took place on 15 December 2005. At the hearing both parties confirmed that they would be satisfied with a summary decision.
Conclusions of the Director
The issues centred round:
a) whether Ms Bell, manager of the Heritage Park, did or did not know of Mr. Ennis' disability (certified as colitis and not disputed by the respondent) and whether this affected the selection process
b) whether or not an interview actually took place, and if so whether this or not was discriminatory vis-à-vis interviews given to other candidates
c) whether Mr. Ennis was or was not discriminated against in relation to subsequent vacancies.
In relation to the first issue, there is a complete conflict of evidence as to whether Ms Bell was aware of Mr. Ennis' disability. I am satisfied that, as she had not been his employer in his previous employment from 1999-2002, she did not receive medical certificates and would not necessarily have been aware of any incapacity during that employment. I note however the evidence that the interview was arranged at short notice because of the intervention of the FAS Employment Service, specifically the person dealing with disability, and I consider that it is reasonable therefore to conclude that at the latest by the time of the interview Ms Bell was aware at least in general terms that Mr. Ennis came within the category of persons with a disability. However, there was no evidence that this actually affected the selection process.
In relation to the second issue, Mr. Ennis accepted that an interview took place, albeit by Ms Bell on her own in an informal setting, and was unable to show that other interviews had been conducted in a different manner or location. On the other a witness supported Ms Bell's evidence that all interviews had taken place in the same location and with only Ms Bell as interviewer. There was also a degree of conflict of evidence about the conduct of the interview and it is unfortunate that no paper records were available to the respondent because of flooding.
However, Mr Ennis did not adduce any evidence that his interview was influenced by his disability or that he was treated less favourably than another person with a different disability or with no disability. In concluding this I consider that
a) the location and type of interview was the same for all candidates
b) there is no evidence that the actual interview was influenced in any way by Mr. Ennis' disability, although Ms Bell did indicate that the interview took place on her day off when she was on her way to Dublin and it is reasonable to conclude that she may have been under pressure to complete the interview.
In relation to the third issue, I am satisfied that the offer of a subsequent vacancy to another person was because that person's interview was prior to Mr. Ennis' interview. It was Ms Bell's normal practice to offer a position to a person once they had satisfied her at interview of their competence, in other words by date of satisfactory interview rather than by order of merit after competitive interview.
I find therefore, on the balance of probabilities, in favour of the respondent, the Irish National Heritage Park and the complainant's case falls.
I am not therefore empowered to award redress.
However I consider it incumbent on me to make a non-binding recommendation to the effect that the Irish National Heritage Park review its selection procedures to ensure fair and transparent procedures.
Decision
I find that Mr. Ennis was not discriminated against on the disability ground by the Irish National Heritage Park.
Melanie Pine
Director
23 December 2005