Man loses case against club for victimisation
Refused entry due to ‘erratic’ dance
A DUBLIN man has lost a claim for victimisation against a nightclub that refused him entry for dancing ‘erratically’ on a previous occasion.
Vytautas Jurksa also claimed that by refusing him entry, the club had interfered with his preparation for the X Factor.
Jurksa had been asked in February 2015 to calm down by staff at Buck Whaleys on Lower Leeson Street in Dublin after customers complained about his dancing.
Barrister Dorothy Collins, representing the club, told the court that Jurksa then left the club ‘in a huff’ before returning with two gardaí as he alleged he had been discriminated against.
Ms Collins said Jurksa, who the court heard had been dancing like Mick Jagger or Elvis, flashing his legs and arms, had also claimed the club’s action had interfered with his preparation to the X Factor auditions.
A number of months later, he returned to the club again but was refused entry because of his actions on the previous occasion.
Mr Justice Raymond Groake heard that Jurksa last year lost a discrimination claim in the District Court against Stonehead Ltd, which trades as Buck Whaleys, and legal costs had been awarded against him. He had not appealed that decision.
The Circuit Court President was also told that Jurksa later brought another District Court claim against the club after being refused entry last January.
He had claimed he had not been allowed in the club because of his first court case and therefore had been victimised.
The District Court had refused to hear his application because he had not paid the legal costs from his previous claim. The court had adjourned the case generally with liberty to re-enter, on the condition that he discharged the owed sum of €750 plus VAT.
The Polish national had then appealed that decision to the Circuit Court. Following an application by Jurksa, who represented himself, to hear the claim in its entirety, Judge Groarke found he had not been victimised.
Judge Groarke told Ms Collins, who appeared with Thomas Loomes solicitors, that he was satisfied after hearing the evidence of
He was flashing legs and arms
the club staff that Mr Jurksa, of St Martin’s House, Waterloo Road, Dublin, had been refused entry because of his previous behaviour.
Giving his judgment, which was interrupted several times by Jurksa, Judge Groarke said the fact that the club had not responded to correspondence or that a security officer had refused to give his licence number could not constitute victimisation. The judge struck out Jurksa’s claim.