CASE REF: 00308/00FET
APPLICANT: Mary Hamilton
RESPONDENT: Down & Lisburn Health & Social Services Trust
The unanimous decision of the Tribunal is that:-
(i) the applicant was not unlawfully discriminated against on the grounds of religious belief by the respondent; and
(ii) the applicant was unfairly dismissed by the respondent.
The matter of remedy is adjourned to a further hearing.
The applicant was represented by Mr M McEvoy, Barrister-at-Law, instructed by Gus Campbell, Solicitors.
The respondent was represented by Mr J Park, Barrister-at-Law, instructed by Carson McDowell, Solicitors.
"indicated repeatedly this morning that she does not intend to return to work, but intends to resign. She also advised me that it was not her intention to remain off on long term sick leave.
There is no doubt Mrs Hamilton is suffering from a degree of anxiety but given her circumstances I would consider it more abnormal if she was not showing some features of mental distress. Never the less it is also clear that her continued absence is primarily due to a decision she has made about her employment rather than development of ill health".
Date and place of hearing: 9-11 June 2003, Belfast
Date decision recorded in register and issued to parties: