In this case, the employee, a Higher Executive Officer applied for the role of Assistant Principal Officer via an internal competition. Applicants were shortlisted based on pre-determined criteria. The employee's application was not shortlisted and she claimed the she was discriminated against on the grounds of her age.

The employee claimed that her age could be easily calculated from her application form, which required details of each applicant's educational history, including dates of attendance in school and college. The employee claimed this gave rise to unconscious bias in favour of younger candidates. In addition, the employee claimed that the Board did not apply best practice and apply scores in order to determine which candidates to short list and