THE Grampian region’s outspoken former chief fire officer has lost his age discrimination case against the brigade.
David Dalziel had claimed he was the victim of constructive dismissal after missing out on a top job with the new single service.
Last night, his daughter said the whole family was “deeply disappointed” by the verdict issued by employment tribunal judges yesterday.
They ruled that 62-year-old Mr Dalziel “misconceived” that he would be appointed the new deputy chief officer – and that he simply lost out to better candidates.
Mr Dalziel, who was appointed the chief officer of the former Grampian Fire and Rescue Service in 2005, had claimed he was forced out after failing to secure one of seven top jobs and being offered a lower position than he was used to.
He claimed he was discriminated against during the selection process due to his age, with other candidates in their forties and fifties.
But the tribunal heard that Mr Dalziel scored average in a psychometric test and performed less well than his rivals during the full interview process.
The interview panel had been concerned by Mr Dalziel’s level of commitment after he said he only wanted to work for another two to three years, the tribunal was told.
Yesterday’s judgment found that his “treatment” was “nothing to do with his age” and that he was not successful because of “how he scored and how he dealt with particular questions in the interview”.
Marie Macdonald, the solicitor for the Scottish Fire and Rescue Service, said last night Mr Dalziel “assumed” he would be given one of the top jobs because of his distinguished service, but that the reality was he was not the best candidate to take up one of the roles.
She said: “”There was a robust, open recruitment process. He was not appointed because he was not the best candidate for the job.”
Last night, Mr Dalziel’s daughter, Cass Flack-Dalziel, 39, spoke about the impact the case has had on the family. Ms Flack-Dalziel is a serving fire officer, along with her brother, and gave evidence at her father’s tribunal December.
At the family home in Elrick she said: “I just want to express my deep disappointment at the outcome after what has been a very distressing time for the family.”
In the latter stages of his career, Mr Dalziel clashed with the Scottish Government over the installation of new radios in senior officers’ private cars.
He had been one of three officers shortlisted for the job of Scotland’s fire chief, but it was eventually given to Tayside’s temporary chief, Alasdair Hay, who was 49 at the time.
Mr Dalziel told the tribunal that Mr Hay had told him “he would love me to be his deputy.”
However, it later emerged that it was not Mr Hay’s decision, and Mr Dalziel accepted he would have to go through the usual interview process.