Aer Lingus v Lukasz Kacmarkek, Marcin Turczyk and Rafal Wilczkiew [2017]

Posted In: Case Law
  • Case Reference
    ILCR Determination No. EDA1712
  • Legal Body
    Labour Court (LC)
  • Type of Claim / Jurisdiction
    Discipline, Discrimination, Contracts of Employment
Issues covered: Section 83(1), Employment Equality Acts, 1998 to 2011; Discrimination Based on Race; Common Language in the Workplace; English Language

This case involved a claim that the complainants were discriminated against on the race ground. The 3 complainants were foreign nationals employed in the catering department of the respondent company. English is the business language of the company and the common language between employees.

In the company's policy document it expressly states that all employees must communicate in English when performing their work related duties but are free to speak in their native language while on official breaks. The complainants argued that the application of the policy is excessive and disproportionate, however the respondents claimed it is necessary for business efficiency, health and safety and

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This article is correct at 25/05/2017

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