The Labour Court dismissed Grzegorz Kowalski’s age discrimination appeal against Tesco Ireland Limited, finding that he was not discriminated against. The determination was signed on 29 January 2018 and affirmed the Adjudication Officer’s decision.
Kowalski said he remained on a flexible contract because of his age while younger colleagues received full-time contracts and overtime. He had worked at Tesco since February 2008 and moved to a full-time contract in October 2017.
Tesco said full-time contracts were offered as vacancies arose and that no vacancy occurred on Kowalski’s night shift during the relevant period. The Court noted that no one on that shift moved from a flexible to a full-time contract then. It found he had not established facts from which age discrimination could be presumed, so his appeal failed.