Wallace v South Eastern Education and Library Board

JurisdictionNorthern Ireland
Judgment Date01 January 1980
Date01 January 1980
CourtCourt of Appeal (Northern Ireland)
(C.A.)
Wallace
and
South Eastern Education and Library Board

Sex discrimination - Tribunal found appellant better qualified for job than successful male applicant -No evidence that discrimination was because of appellant's sex - Whether tribunal had erred in law - Whether tribunal had misapplied onus of proof.

The appellant, a female part-time audio-visual aids technician employed by the respondent, applied unsuccessfully for a post as a full time technician. The successful applicant for the post was male. The appellant appealed to the Industrial Tribunal for a decision under the Sex Discrimination (Northern Ireland) Order, 1976 that the respondent had unfairly discriminated against her on grounds of sex. The tribunal considered that the appellant's qualifications, experience and commitment to her work made her the superior candidate and were unable to accept the respondent's reasons for preferring another applicant. But in the absence of any evidence that the appellant's sex had influenced the appointment, the tribunal...

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42 cases
  • Collins v Drogheda Lodge Pub
    • Ireland
    • Equality Tribunal
    • 31 July 2002
    ...Ireland Court of Appeal, again as a matter of first principles in discrimination cases, in Wallace v SE Education and Library Board, 1980 NI 38,as far back as 1980. That case was not following EC law. 102 On the basis of the foregoing, I can see no obvious reason why the principle of shifti......
  • Lynskey v Board of Management of Coolmine Community School
    • Ireland
    • Equality Tribunal
    • 8 August 2002
    ...support of its contention the cases of Culloo v Model School Limerick (EE/8/1987), Wallace v South Eastern Education and Library Board ( 1980, IRLR 193) and Board of Management of Holychild Community School v Two Female Teachers (EE/2/1985). 14 2.9 The Authority submitted that the claimant ......
  • Sajjadi v The Turk's Head
    • Ireland
    • Equality Tribunal
    • 31 July 2002
    ...Ireland Court of Appeal, again as a matter of first principles in discrimination cases, in Wallace v SE Education and Library Board, 1980 NI 38,as far back as 1980. That case was not following EC law. 83 On the basis of the foregoing, I can see no obvious reason why the principle of shiftin......
  • Shamoon v Chief Constable of the Royal Ulster Constabulary
    • United Kingdom
    • House of Lords
    • 27 February 2003
    ...do not advertise their prejudices and may indeed not even be aware of them. Lowry LCJ was making the same point in Wallace v South Eastern Education and Library Board [1980] IRLR 193 when he said: "Only rarely would direct evidence be available of discrimination on the ground of sex; one i......
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