Kamil Jurczewski v Kerry County Council [2012]

Posted In: Case Law
  • Case Reference
  • Legal Body
    Equality Tribunal (EQT)
  • Type of Claim / Jurisdiction
    Discrimination and Equality, Recruitment and Selection
Issues covered: Employment Equality Acts; Section 6(2)(h) Race Ground; Section 8(1)(a); Access to Employment; Vicarious Liability; Inference of Discrimination

This is a case concerning discriminatory non-recruitment of a Polish national as a lifeguard. There were 39 applicants. All were Irish, with the exception of three applicants, including the complainant, who were Polish. Only one of the Polish applicants was ultimately successful while all 36 Irish applicants were. The employer used the services of Irish Water Safety to conduct the recruitment tests but it remained in control of its recruitment process.

The Tribunal concluded that a number of issues raised an inference of discrimination. It relied on the Labour Court decision in UCD v Rath (Determination No.: EDA119, 8th April, 2011), where it stated that "... it is well settled that for the

Already a subscriber?

Click here to login and access the full article.

Don't miss out, register today!

Are you fully aware of the benefits of Legal-Island's Irish Employment Law Hub? We help thousands of people like you understand how the latest changes in Irish employment law impact your business through a mix of case law analysis and in-depth articles. All delivered right to your inbox.

We help you to understand the ramifications of each important case from Ireland and Europe.

We help you ensure that your organisation's policies and procedures are fully compliant with Irish law.

You will receive regular updates on Irish employment law including case law reviews, legislative changes, topical updates as well as answers to your burning questions through our Q&A feature.

You will have 24/7 access to the Employment Law Hub so you can research case law and HR issues when you need to.

Already a subscriber, now or Register

This article is correct at 24/01/2013

The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.

Legal Island
Legal Island

The main content of this article was provided by Legal Island. Contact telephone number is 028 9446 3888 / 01 401 3874 or email hub@legal-island.com

View all articles by Legal Island