Dornan v Belfast City Council
| Jurisdiction | Northern Ireland |
| Judgment Date | 01 January 1990 |
| Date | 01 January 1990 |
| Court | Court of Appeal (Northern Ireland) |
- Unsuccessful job application by a woman - Successful candidate male - Tribunal found applicant to be better qualified -Tribunal held discrimination due to departmental favouritism, not sex - Whether burden of proof to disprove sex discrimination discharged -Whether tribunal erred.
The applicant was selected as "reserve candidate" for the post of Markets Officer in the Technical Services Division of the respondent. She complained to an industrial tribunal that the respondent had discriminated against her on the ground of her sex. The tribunal accepted that the applicant was more highly qualified and experienced than the successful male candidate. It found however that the reason the applicant had not been appointed was "departmental favouritism"rather than discrimination because she was a woman. The chairman of the interviewing panel was the departmental manager of the successful candidate and the vacancy was in that department. The applicant appealed. Held, allowing the appeal and remitting the application to the tribunal, that, 1, where it was established that the unsuccessful candidate was better qualified than the successful candidate and the unsuccessful candidate was a woman and the successful candidate was a man, a prima facie case of discrimination against the woman on the ground of her sex was established and the evidential burden of...
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Deman vs Association of University,Duncan Mercer,Richard Jay,Max Goldstrom,Paul Hudson
...who have not done the relevant protected act.” 12. The Northern Ireland Court of Appeal, in the case of Dornan -v- Belfast City Council [1990] IRLR 179, the Court of Appeal made it clear that the employer who seeks to show an innocent explanation for what has occurred must demonstrate this ......
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British Gas Plc v Sharma
... ... 118 , C.A ... Baker v. Cornwall County Council [ 1990 ] I.C.R. 452 , C.A ... Barking and Dagenham London Borough ... 132 , E.A.T ... Dornan v. Belfast City Council [ 1990 ] I.R.L.R. 179 , C.A. (N.I.) ... ...
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Case Number: EDA1515. Labour Court
...South Eastern Education and Library Board[1980] IRLR 193. A similar approach was taken by the same Court inDornan v Belfast City Council[1990] IRLR 179. Here it was held that a prima-facie case of discrimination is made out where (a) it is established that the unsuccessful candidate is bett......