The Labour Court upheld the Equality Officer’s decision rejecting Vytautas Jurksa’s age discrimination and victimisation complaints against McEniff Grand Canal Hotel Ltd. The determination was signed on 28 June 2011.
Jurksa appealed after he was not selected for a Night Porter vacancy. He argued that the advertisement’s reference to a “young and exciting hotel team” showed an age preference, and pointed to the younger, less experienced successful candidate. The hotel said it considered him unsuitable because it thought he was seeking a more senior role.
The Court called “young” inappropriate wording but found it had not disadvantaged Jurksa because he was shortlisted for interview. It understood “senior” to refer to a post with greater responsibilities and found the selection decision was based on his CV and interview, not his age. On victimisation, the Court found no supporting evidence and held that Jurksa had not established a case. Both appeals failed.