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The High Court has refused an application to determine certain questions by way of preliminary issue in a claim by an Air Corps pilot of gender discrimination and victimisation. The plaintiff, a retired officer and the only female Air Corps pilot at the time, alleged that her suspension from flying duties was a result of gender discrimination and victimisation after raising concerns about unequal treatment. The defendants deny the claims, asserting that the appropriate forum for such disputes is the Workplace Relations Commission or the Circuit Court, not the High Court. However, the court found that the preliminary issues raised did not capture the main dispute and were not suitable for separate determination, leading to the conclusion that the case should be heard in its entirety at trial.
gender discrimination, victimisation, Employment Equality Act 1998, Workplace Relations Commission, Circuit Court, High Court, preliminary legal issues, Air Corps, suspension from duties, equal treatment, contractual rights, statutory procedures, European Law, implied contractual right, gender equality, time limits, procedural exclusivity, limitation periods.
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
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