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Labour Court disallows Gerard Burke’s appeal over age-based job advertisement

By Aoife Loughran

Historic decision · Decision date:

Place: no local area assigned from the source.

The Labour Court disallowed Gerard Burke’s appeal over an employment advertisement that described a vacancy as an “ideal opportunity for a young candidate”. It said the wording contravened the Employment Equality Act 1998, but held that only the Equality Authority could prosecute a complaint about a prohibited advertisement. The determination was dated 14 December 2004. Burke alleged age discrimination after applying for a trainee telecoms engineer post advertised on behalf of Telecom Ltd. He saw the notice at a Fás Employment Services Office, applied and received no response from the advertiser. An Equality Officer had found he lacked standing to bring the complaint, and the Labour Court affirmed that decision. The appeal was decided on standing; the merits of his discrimination complaint were not decided.

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