Latest in Employment Law>Case Law>A Clerical Officer v A State Body [2017]
A Clerical Officer v A State Body [2017]
Published on: 28/09/2017
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Background

This case involved a complaint that the claimant was discriminated by reason of his age. He was allegedly not promoted by the respondent due to his relative youth in comparison with other candidates. The complainant submitted that a number of actions of the interview board indicated discriminatory treatment, including but not limited to the fact he had to provide a photograph of himself for the interview process. The respondents claimed that the interview process had been transparent and impartial at all times and that the photograph requirement was proportionate and objectively justified in order to prevent personation.

The Court held that the complainant had failed to discharge the burden of proof necessary in this matter and was satisfied that the interview board had carried out their task in a fair and transparent matter. However, the Court disagreed that the requirement for candidates to provide a photograph was still required by law. They stated that the requirement to supply photographs had long ceased and that employers should review their practices so that a different system to prevent personation is put in place.
http://www.workplacerelations.ie/en/Cases/2017/September/ADJ-00006574.html

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Disclaimer 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. This article is correct at 28/09/2017
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