A finding by the Equality Tribunal that a Catholic primary school in
Cavan was guilty of discrimination against a teacher who applied for
work there has been described as “highly debatable” by the Iona
Institute.
The school, Knocktemple National School in Virginia, was found on
Tuesday to have discriminated and was fined over €12,000 because it did
not hire a teacher who was a member of the Church of Ireland.
However,
the school says it didn’t employ her because she didn’t have a
Certificate in Religious Education that would have qualified her to
teach religion in the primary school.
In a statement, David Quinn, the Director of the Iona Institute, said
that the finding of the Equality Tribunal that “the school
discriminated against the teacher at the centre of this case on the
basis of her religion is highly debatable.”
He continued, “The facts of the case would seem to indicate that the
school's decision had nothing to do with the fact that she was a member
of the Church of Ireland. She lacked the necessary qualification to
teach religion in a Catholic school, namely the Certificate in Religious
Education.”
“If she had possessed this, there is little doubt that the school
would have employed her. Hopefully the decision will be appealed.”
The case concerned a Church of Ireland teacher who, in May 2007,
applied for a permanent job at Knocktemple National School, in Virginia,
Co Cavan.
Shortly after, she was contacted by the school principal and
the chairperson of the school and offered a permanent post.
But the
offer was withdrawn after a phone call in which the applicant was
questioned about holding the Catholic Religion Certificate.
The Equality Tribunal has dismissed two explanations given by the
school as to why this happened.
The explanations were based around
breaches of formal procedures.
The applicant contended that her religion had become a factor in the appointment procedure.
The Equality Tribunal has agreed with her, finding that not only was
Ms McKeever's religion discussed, but that it also influenced the
school's board of management in withdrawing the offer that had been
made.
The INTO, which represented the teacher in the case, welcomed the outcome.
The Irish Times reports that the school in the case did not rely on
Section 37.1 of the Employment Equality Act in its defence.
This allows
denominational schools to take into account the religion of a
prospective member of staff if it believes its ethos is under threat.
SIC: CIN/IE