The Labour Court dismissed Mustafa Gulgen’s appeal against Marks and Spencer (Ireland) Limited, leaving the Equality Tribunal’s decision in place. The determination was signed on 25 April 2013.
Gulgen said that decisions on his performance reviews, transfers and promotion were linked to his race or an earlier discrimination complaint. The Court found that the incidents within the time limit did not establish discrimination or victimisation, while earlier incidents were outside the time limit. It also found that pay differences were based on ability and performance, not nationality.