The HSE has been directed to pay €13,000 in compensation to a non-Irish national after a job offer was withdrawn because of discriminatory conditions imposed regarding driving qualifications.
The Workplace Relations Commission found that the HSE discriminated against Lithuanian national Gediminas Gvazdauskas on the basis of nationality, in breach of the Employment Equality Act 1998, reports Breaking News.
Mr Gvazdauskas lost the job offer because he was unable to supply a statement from the National Driver Licence Service (NDLS), as he held a Lithuanian driving licence rather than an Irish one.
The WRC was told that the discriminatory impact was substantial, as the position related to a service where he had an established long-term working relationship and realistic expectations of career advancement, reports Breaking News.
As a result, he was awarded the maximum compensation of €13,000 permitted under the legislation.
The WRC also instructed the HSE to begin a review of its criteria for driver-related roles within the organisation, reports Breaking News.
In addition, it ordered the HSE to contact the Irish Human Rights and Equality Commission within six months to detail the outcome of that review and seek guidance on compliance with its legal duties.
The WRC heard that Mr Gvazdauskas had worked for approximately 14 years as a site manager with an outsourced facilities company operating at the Central Mental Hospital in Dundrum, reports Breaking News.
Mr Gvazdauskas chose not to move to a new service provider when the hospital relocated to Portrane in north Dublin, instead applying through an open competition for a porter/driver role with the National Forensic Mental Health Service.
He told the WRC that his application was successful, subject to submitting copies of his driving licence and a driver record from the National Driver Licence Service, reports Breaking News.
Mr Gvazdauskas said he was unable to obtain an NDLS statement because his driving licence had been issued in Lithuania.
He engaged with CPL, the recruitment firm managing the process, but his job offer was withdrawn after it was decided he did not meet the competition requirements, reports Breaking News.
While Mr Gvazdauskas lodged complaints against both CPL and the HSE, the HSE accepted that it had set the job criteria, with CPL’s involvement limited to administering the recruitment campaign.
Mr Gvazdauskas also produced a letter from Lithuanian licensing authorities confirming he had no driving offences, reports Breaking News.
The complainant said he was not suggesting the HSE deliberately intended to discriminate.
However, he argued that the requirement to provide an NDLS driver statement had the effect of discriminating against non-Irish nationals, reports Breaking News.
The HSE rejected claims of discrimination, stating that Mr Gvazdauskas failed to meet an essential requirement of the role.
It maintained that the position involved driving duties and that the documentation requirement was unrelated to nationality, as residents of any nationality can obtain an Irish driving licence, reports Breaking News.
The HSE said it granted several deadline extensions to allow Mr Gvazdauskas to meet the requirement, but he did not do so.
The WRC heard that Mr Gvazdauskas had provided a Road Safety Authority letter confirming that three previous penalty points had expired at the time of recruitment, when he was unable to obtain the NDLS statement, reports Breaking News.
He had also secured Garda vetting as well as police vetting from Lithuania.
Mr Gvazdauskas said the NDLS informed him it could not issue a driver statement because it held no records relating to his licence, reports Breaking News.
The WRC was told that the HSE had incorrectly advised CPL that the complainant could only drive on an EU licence for a maximum of 12 months, a rule that applies only to non-EU and non-EEA drivers.
WRC adjudication officer David James Murphy noted there was a question over whether Mr Gvazdauskas should have obtained a Lithuanian licence while resident in Ireland, reports Breaking News.
However, Mr Murphy said the requirement to obtain an NDLS statement was separate from the requirement to hold a valid driving licence.
He pointed out that the HSE did not require applicants to have an Irish driving licence as a condition of the role, reports Breaking News.
Mr Murphy said the acceptance of foreign licences effectively restricted such applicants from securing the position.
He noted that unchallenged evidence showed it was not possible for holders of clean foreign licences to obtain an NDLS driver statement, reports Breaking News.
Mr Murphy said he was satisfied that indirect discrimination had taken place, albeit “seemingly unintentionally,” reports Breaking News.
The adjudicator said it was reasonable to assume an Irish driver was more likely to hold an Irish licence than someone of another nationality.
He concluded that the NDLS statement requirement disadvantaged non-Irish nationals, and that the HSE had failed to justify the necessity of that condition, reports Breaking News.
While Mr Murphy accepted that the HSE had a legitimate objective in checking for driving endorsements or restrictions, he found that the method used was not appropriate or necessary to achieve that aim.
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