FAIR EMPLOYMENT TRIBUNAL

CASE REF:	469/01FET

APPLICANT:	Sharon McCreight

RESPONDENT:	Police Ombudsman for Northern Ireland 

DECISION
It is the unanimous opinion of the Tribunal that the application is unlikely to succeed.  If the application is not withdrawn up to or at the hearing, the applicant may have an Order for costs made against her. 

Appearances:
The applicant did not attend and was not represented.
The respondent was represented by Mr McMullan, Barrister-at-Law, instructed by Police Ombudsman for Northern Ireland. 

1.	This hearing was a pre-hearing assessment under Rule 6 of Schedule 1 of the Fair Employment Tribunal (Rules of Procedure) Regulations (Northern Ireland) 1989.  The Tribunal were required to consider whether or not it is likely that the application to the Fair Employment Tribunal appears to have no reasonable prospect of success.

2.	In the absence of the applicant the Tribunal considered the applicant’s Originating Application lodged on 17 September 2001 together with an application for assistance to the Equality Commission completed by the applicant and dated 16 September 2001 which was submitted with the Originating Application.  The tribunal also had available the contents of the Notice of Appearance, representations in writing and oral arguments advanced on behalf of the respondent.  

3.	The Tribunal having taken into account all the relevant documentation and having considered the arguments presented on behalf of the respondent, were of the opinion that the Originating Application appeared to have no reasonable prospect of success.  The tribunal noted the make up of the interview panel and the religious make up of the shortlisted candidates.  We also took into account the fact that the applicant did not identify any individual who was shortlisted being of a different religious belief or political opinion whom she was alleging was more favourably treated than she was.

4.	In view of this the applicant may have an Order for costs made against her at the substantive hearing if the application is not withdrawn.

 

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Date and place of hearing:  5 June 2002, Belfast

Date decision recorded in register and issued to parties: