McGowan v Omagh District Council [2009] NIIT 38_08IT (23 January 2009)
The claimant failed to establish facts from which the tribunal could conclude he was treated less favourably on grounds of sex. The evidence showed the recruitment process was fair, scores reflected interview performance, and there was no credible evidence of collusion or sex-based discrimination. Any alleged nepotism or internal advantage did not amount to sex discrimination.
- Citation
- [2009] NIIT 38_08IT
- Parties
- Claimant: Tommy McGowan; Respondent: Omagh District Council
- Jurisdiction
- Northern Ireland
- Judgment Date
- 23 January 2009
- Procedural Posture
- Employment Discrimination / Final Tribunal Decision
- Outcome
- claim dismissed
- Legal Topics
- Sex Discrimination, Recruitment and Selection, Burden of Proof, Affirmative Action
Case Brief
Summary, issues, holding and outcome
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Parties
Tommy McGowan
Claimant
Omagh District Council
Respondent
Procedural Posture
Employment Discrimination / Final Tribunal Decision
Legal Issues
- 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 establish facts from which the tribunal could conclude he was treated less favourably on grounds of sex. The evidence showed the recruitment process was fair, scores reflected interview performance, and there was no credible evidence of collusion or sex-based discrimination. Any alleged nepotism or internal advantage did not amount to sex discrimination.
Court Disposition
claim dismissed
Full Case Text
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