Fair Employment Tribunal Northern Ireland Decisions

 
FAIR EMPLOYMENT TRIBUNAL

CASE REF: 197/03 FET

APPLICANT: Pauric Dolan

RESPONDENT: Fisher Engineering Limited

DECISION

The unanimous decision of the Tribunal is that the applicant's claim is dismissed and the respondent is awarded costs of £1,239.00.

Appearances:

The applicant did not appear and was not represented.

The respondent was represented by Mr P McAlinden, of Counsel, instructed by Cooper Wilkinson, Solicitors.

1. These reasons are given in summary form.
2. The applicant claimed discrimination on the basis of religious belief and political opinion. The respondent denied the applicant's claim.
3. The tribunal was satisfied the applicant had been notified of the hearing at the address he had given. In the absence of the applicant, without explanation, the tribunal proceeded with the hearing. In considering this application the tribunal considered the applicant's application to the Fair Employment Tribunal and the evidence adduced by the respondent.
4. The tribunal made the following findings:-

(a) The applicant applied for a job with the respondent as an electrical maintenance engineer. He was one of five candidates that were interviewed on 19 February 2003. The applicant was unsuccessful and was the fifth graded candidate.

(b) The applicant asserts that he was not successful on the basis of his religious belief and political opinion. In support of his claim the applicant stated that he was the best qualified candidate; that he had the feeling that the interviews were not interested in his candidature; and subsequently another unsuccessful candidate "Seamus" claimed his interview was very short and that he was wasting his time.

(c) The respondent adduced evidence by the interviewers that showed the marking system and the individual scores and advanced a credible account of the recruitment process.

(d) On the basis of the evidence before it the tribunal is not satisfied that the applicant was discriminated against on the basis of religious belief or political opinion.

(e) Accordingly the tribunal dismisses the applicant's claim for discrimination.

(f) The tribunal is of the opinion that the applicant behaved unreasonably in bringing and conducting these proceedings. The applicant lodged a claim alleging discrimination and failed to do anything more. He put the respondent to considerable expense and inconvenience in defending this matter.

The tribunal awards costs to the respondent that it assesses at £1,239.00.

Chairman:

Date and place of hearing: 18 January 2005, Belfast.

Date decision recorded in register and issued to parties: