McGowan v Omagh District Council [2009] NIIT 38_08IT (23 January 2009)

McGowan v Omagh District Council [2009] NIIT 38_08IT (23 January 2009)

The claimant failed to prove facts from which the tribunal could conclude he was treated less favourably on grounds of sex. The evidence showed the recruitment process was fair, the scoring consistent, and the successful candidates performed better at interview. No inference of sex discrimination could be drawn from...

Source-derived case information.

Citation
[2009] NIIT 38
Parties
Claimant: Tommy McGowan; Respondent: Omagh District Council
Jurisdiction
Northern Ireland
Judgment Date
23 January 2009
Procedural Posture
Industrial Tribunal / Final Judgment After Hearing
Outcome
Claim dismissed
Legal Topics
Sex Discrimination, Recruitment, Burden of Proof, Affirmative Action
Employment Law Equality Law Sex Discrimination Recruitment Burden of Proof Affirmative Action

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Parties

Tommy McGowan

Claimant

Omagh District Council

Respondent

Procedural Posture

Industrial Tribunal / Final Judgment After Hearing

  1. 1 Whether the claimant was subjected to less favourable treatment on the grounds of sex contrary to the Sex Discrimination (Northern Ireland) Order 1976 in the recruitment process for Duty Manager at Strule Arts Centre.

Ratio Decidendi

The claimant failed to prove facts from which the tribunal could conclude he was treated less favourably on grounds of sex. The evidence showed the recruitment process was fair, the scoring consistent, and the successful candidates performed better at interview. No inference of sex discrimination could be drawn from the involvement in the WRAPS project, internal appointments, or alleged nepotism. The claim was dismissed.

Court Disposition

Claim dismissed