The claimant is a senior lecturer in an Irish University. The claimant was shortlisted for a promotion interview for the post of Professor of Physiology. However, prior to the commencement of the interview the claimant had significant concerns that his application would not receive the “fair and objective attention it deserved”. The claimant received one mark less than the successful candidate and filed a grievance which he believed was not acted on and that was the basis of this case. 

The rights commissioner found that there was “no evidence that any candidate was specifically disadvantaged by the process”. The claimant appealed to the Labour Court. 

The basis of the claimant’s case rested on three issues; firstly that there were inappropriate remarks made prior to the interview by a member of the interviewing panel. The claimant further believed that the closeness of the marks should have resulted in a second interview. Finally, he complained about the failure of the governing body to take his grievance seriously. 

The respondent on the other hand stated that the interview process was conducted in a fair and transparent manner, and they must appoint the best candidate for the job. The respondent also noted how it took the claimant twelve months to file his grievance.

The court failed to find any bias and in turn agreed with the decision of the rights commissioner.
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