Location: Rep.of Ireland
Northern Ireland
Location: Rep.of Ireland
Northern Ireland
Home / Articles / Kamil Jurczewski v Kerry County Council [2012]
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Kamil Jurczewski v Kerry County Council [2012]

Posted In: Case Law
  • Case Reference
    DEC-E2012-115
  • Legal Body
    Equality Tribunal (EQT)
  • Type of Claim / Jurisdiction
    Discrimination, 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

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This article is correct at 24/01/2013
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