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WRC Upholds Victimisation Complaint and Orders Respondent to Appoint Complainant to the Role

posted 2 years ago

In Tara McManus v Garda Representative Association ADJ-00028686 the Complainant claimed that she had been unlawfully discriminated against on the basis of her gender in her application for the position of Assistant to the General Secretary of the Respondent. The Complainant submitted a complaint to the Workplace Relations Commission (“WRC”) under the Employment Equality Acts 1998-2015 (the “Acts”). The Complainant also lodged a second complaint under the Acts that she had been subjected to further discrimination after submitting a second application for the same position and claimed that she was subjected to victimisation in respect of this second application.

Facts: The Complainant has been a member of An Garda Síochána since February 2000 and has held a number of different positions during that time. The Respondent is the professional representative organisation for members of An Garda Síochána.  The Central Executive Committee (the “CEC”) forms part of the Respondent and is responsible for governing the Respondent between meetings of the Annual Delegate Conference. According to the Rules of the Respondent, when a vacancy arises in the office of the General Secretary or Deputy General Secretary, an interview board is established to conduct interviews with shortlisted candidates and the board nominates one individual only to the CEC. After being selected by the interview board, the nominated person must obtain the approval of two thirds of the votes cast by CEC members and must be further ratified by the Annual Delegate Conference. There is no obligation on CEC members to give reasons for refusing to ratify a candidate.

 

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