North Western Health Board v Martyn

• Jurisdiction: Ireland
• Judgment Date: 01 January 1982
• Date: 01 January 1982
• Court: Labour Court (Ireland)

(Lab. Ct.)

North Western Health Board

and

Martyn

Entry age of 27 years - Whether discriminatory against married women - Whether essential requirement - Proportion of married women able to comply - Entitlement to compensation - Employment Equality Act, 1977 (No. 16), ss. 2 (c), 3 (1), 22.

The worker was employed as a full-time permanent clerical officer with Sligo County Council for a period of 12 years. Following her marriage in 1967 she was obliged to resign her post in accordance with the terms of employment at that time. In 1975 she sought re-employment on a temporary basis with the Board. With the exception of intermittent breaks in service she continued her employment with the Board in this capacity up to 1978. In January, 1979, she took up employment as a temporary clerical officer with a hospital administered by the Board and she continued in this position until the termination of her employment by the Board in 1980. The worker contended inter alia; (i) that the Board had contravened s. 2 (c) of the Employment Equality Act, 1977, in denying her access to permanent pensionable employment since she had exceeded the age limit of 27 years which was specified in the conditions applicable for the posts of clerical officer and grade IV clerks. (ii) That the appointment of a male worker to a position which she had previously held on a temporary basis for 18 months was a breach of s. 3 of the Act of 1977. (iii) That because of the temporary nature of her employment she was paid the basic rate of pay and received no increments despite her years of service with the Board. She contended that she should be appointed to a permanent clerical officer post without having to compete in any competition set up by the Board and that she should be placed on a point on the salary scale which would have regard to her previous twelve years full time service together with her aggregated temporary service with...