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Ask Ronan Your Own Question
Ronan, Solicitor
Category: Republic of Ireland Law
Satisfied Customers: 2235
Experience:  B. Corp Law, Ll.B. Dip Comm Prop. In general practice for more then 6 years
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I have been working employer years and in that time I have gained a large a

Customer Question

I have been working for my employer for ten years and in that time I have gained a large amount of skills and knowledge in the various areas of the organisation. I have a certificate in Employment Law and a Diploma in Training and Education which is all relevant to the organisation. I have now been informed after an assessment and an interview that the job will be offered to another candidate who does not have a cert in Employment law or training and education but who has a certificate in Law. this person has less service and experience to me and is 20 years younger. I am meeting with them next week to discuss my interview but also I will be requesting my interview notes and marking. If I still feel at this stage that the selection was unfair, do I have any kind of case under the equality or any other type of legislation?
Submitted: 2 years ago.
Category: Republic of Ireland Law
Expert:  Buachaill replied 2 years ago.
1. To succeed in challenging this promotion decision, you would have to either show some element of unlawfulness or some element of discrimination. Quite frankly, an employer can employ whoever they want for a position provided they fulfill the job requirements. There is no requirement in law to employ the best qualified person. Nor is there any requirement to give preference to older candidates. Nor is there any requirement that says experience trumps other factors. So, from the information you have supplied, there is no element of unlawfulness or discrimination. The employer is acting lawfully once the candidate chosen fulfilled the basic job requirements. Your better qualifications and experience does not make you entitled in law to be the person chosen for promotion. The area of private law, such as employment is an area in which the law does not interfere unless there is something unlawful. Parties are free to arrange their private relations as they so wish. So at this stage, I would advise you to get copies of the assessment and any notes of interview. Examine them and see if there is something unlawful in them, or if some issue is raised about you which would be discriminatory. But be aware that the law does not normally afford a disappointed job candidate relief. This is why one rarely sees cases of this nature in court unless there is some element of discrimination such as gender discrimination involved.
Customer: replied 2 years ago.
When you say they must fulfill the job requirements.
According to the job specification I would fulfill at 75% of this criteria already, where the other candidate would fill about 25 % at the moment. Would that not show to be unfair selection?
Expert:  Buachaill replied 2 years ago.
2. If neither of you fulfill the job requirements, then neither of you would have a positive case that you should get the job. Essentially, if you are not fully qualified, then you cannot argue that you should be appointed, I regret to say. Finally, just because you are 75% qualified, this does not mean you should be appointed in front of someone who is 25% qualified. So, on this fact alone, you would not have a legal case.