FAIR EMPLOYMENT TRIBUNAL
CASE REF: 271/02 FET
APPLICANT: Tommy Cushnahan
RESPONDENTS: 1. Malone Golf Club
2. Forde May Consulting Limited
DECISION ON A PRE-HEARING ASSESSMENT
The unanimous decision of the Tribunal is that it considers that the Originating Application is unlikely to succeed and in its opinion, if the Originating Application shall not be withdrawn, the applicant may have an Order for Costs made against him at the hearing.
Appearances:
The applicant did not appear, nor did his representative.
The respondents did not appear, but submitted written representations on behalf of the respondents.
- Neither legal representative appeared at the time and place fixed for hearing. No correspondence had been received from the applicant's representative, and it was unclear whether the respondents' letter dated 9 June 2003 was intended to convey that the respondents did not intend to appear at the pre-hearing assessment.
- In order to progress the matter, and to ensure the parties had been notified of the hearing, both legal representatives were contacted. The respondents' representative confirmed that he did not intend to appear, and wished to rely on the letter of 9 June 2003. The applicant's representative indicated to the clerk that he had received notification of the hearing and he would wish a short adjournment to take further instructions.
- The Tribunal considered the matter and refused the adjournment since no adequate reason was put forward to justify an adjournment.
- The Tribunal considered the Originating Application and the Notice of Appearance, along with the respondents' letter dated 9 June 2003.
- The Originating Application complains that the applicant was not shortlisted for the position of golf course manager 'even though [he] was better qualified than the person who received the post' and that he believed the reason for his treatment was religious belief or political opinion.
- Attached to the Notice of Appearance was a letter signed by the applicant at the date of application for the post in question. At Paragraph 2 the applicant states:-
"I understand that I do not fully meet the 5 years of parkland golf course experience requested in the advertisement but I feel and I hope you agree that I do bring many other employable assets not least of which are my qualifications and other experience ...".
- In those circumstances, the tribunal considers that the Originating Application is unlikely to succeed, and indicates that in its opinion if the Originating Application shall not be withdrawn the applicant may have an Order for Costs made against him at the hearing under the provisions of Rule 11 of the Fair Employment Tribunal (Rules of Procedures) Regulations (Northern Ireland) 1989.
Chairman:
Date and place of hearing: 15 August 2003, Belfast
Date decision recorded in register and issued to parties:
