Labour Court rejects move to have member recuse himself from age discrimination case

Their client had been nominated to the court, also by Ictu, in 2014 when he was given a three-year fixed-term contract. In 2017 he was given another contract, of a very slightly longer duration, that took him up to his 66th birthday.

Mr McCarthy lost the age discrimination case at the WRC which accepted an argument that the need to have a turnover in members of the court in order to maintain “an array of contemporary innovation and talent” was an objective justification for the system of fixed-term contracts used to fill positions at the court.

Mr McCarthy’s legal representatives then raised separate concerns, arguing that “an email which they became aware of on foot of a Freedom of Information request attributes a statement to the chairman of the court [Kevin Foley] that they submit is harmful to the complainant’s entitlement to a fair hearing, free from an underlying perception of bias”.

The court said that the very limited number of ordinary members of the court meant there were restricted options when it came to dealing with cases.

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