Thompson v. Tesco Ireland Ltd. [2002] IEHC 63 (7 June 2002)

Thompson v. Tesco Ireland Ltd. [2002] IEHC 63 (7 June 2002)

Appellant failed to establish a prima facie case of indirect discrimination as no evidence was adduced showing the practice of working late bore significantly more heavily on single mothers than on single men; Labour Court's findings of fact were sustainable and contained no identifiable error of law.

Citation
[2002] IEHC 63
Parties
Plaintiff/applicant: Janice Thompson; Defendant/respondent: Tesco Ireland Limited; Defendant/respondent: Minister for Enterprise Trade and Employment
Jurisdiction
Ireland
Judgment Date
07 June 2002
Procedural Posture
Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
Sex Discrimination, Marital Status Discrimination, Indirect Discrimination, Part Time/flexi Time Employment
Employment Law Equality Law Sex Discrimination Marital Status Discrimination Indirect Discrimination Part Time/flexi Time Employment

Case Brief

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Parties

Janice Thompson

Plaintiff/applicant

Tesco Ireland Limited

Defendant/respondent

Minister for Enterprise Trade and Employment

Defendant/respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether refusal to amend working hours constituted unlawful sex or marital status discrimination under Employment Equality Act, 1977
  2. 2 Whether Labour Court erred in applying legal principles relating to indirect discrimination

Ratio Decidendi

Appellant failed to establish a prima facie case of indirect discrimination as no evidence was adduced showing the practice of working late bore significantly more heavily on single mothers than on single men; Labour Court's findings of fact were sustainable and contained no identifiable error of law.

Court Disposition

appeal dismissed