Donaghy v Donaghy (Discrimination - Sex) [2018] NIIT 00141_17IT (13 March 2018)

Donaghy v Donaghy (Discrimination - Sex) [2018] NIIT 00141_17IT (13 March 2018)

The tribunal found no evidence that the claimant was treated less favourably on the grounds of her sex. The Minister's decision was based on the skills and knowledge as summarised in the applicant summaries, which, though brief, were standard practice and applied equally to all candidates. The tribunal accepted the Minister's evidence that his choice was based on merit and the needs of the Board, not on sex. The process, while subject to criticism for less than best practice in documentation, did not amount to unlawful discrimination.

Citation
[2018] NIIT 00141_17IT
Parties
Claimant: Geraldine Donaghy; First Respondent: Chris Hazzard MLA; Second Respondent: Department for Infrastructure
Jurisdiction
Northern Ireland
Judgment Date
13 March 2018
Procedural Posture
Industrial Tribunal Discrimination (sex) / Final Judgment
Outcome
Claim dismissed
Legal Topics
Sex Discrimination, Public Appointments, Merit Principle, Ministerial Discretion, Equality of Opportunity
Employment Law Equality Law Administrative Law Sex Discrimination Public Appointments Merit Principle Ministerial Discretion Equality of Opportunity

Case Brief

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Parties

Geraldine Donaghy

Claimant

Chris Hazzard MLA

First Respondent

Department for Infrastructure

Second Respondent

Procedural Posture

Industrial Tribunal Discrimination (sex) / Final Judgment

Legal Issues

  1. 1 Whether the claimant was directly discriminated against on grounds of sex contrary to the Sex Discrimination (Northern Ireland) Order 1976 in the appointment process for Non-Executive Director of Warrenpoint Harbour Authority.

Ratio Decidendi

The tribunal found no evidence that the claimant was treated less favourably on the grounds of her sex. The Minister's decision was based on the skills and knowledge as summarised in the applicant summaries, which, though brief, were standard practice and applied equally to all candidates. The tribunal accepted the Minister's evidence that his choice was based on merit and the needs of the Board, not on sex. The process, while subject to criticism for less than best practice in documentation, did not amount to unlawful discrimination.

Court Disposition

Claim dismissed

Orders

  • The claimant's claim of sex discrimination is dismissed.