SECTION 21, EMPLOYMENT EQUALITY ACT, 1977
- AND -
MR JEREMIAH MURPHY
Chairman: Mr McGrath
Employer Member: Mr McHenry
Worker Member: Mr Rorke
1. Appeal by Mr. Murphy against Equality Officer's Recommendation EE13/1997 concerning an allegation that FAS discriminated against him on the basis of his sex in terms of Section 2(a) of the Employment Equality Act, 1977 when he was not appointed to the position of Enterprise Development Officer for the South East Region of the Chamber of Commerce.
2. The position of Enterprise Development Officer, South East Region was advertised in the Sunday Independent on 29th October, 1995. According to the advertisement applications were to be made to FAS, Industrial Estate, Waterford. The claimant enquired about the position in the FAS offices in Patrick Street, Waterford and subsequently lodged an application at the office which was to be forwarded to the FAS office in the Industrial Estate.
The claimant was never considered for the position as FAS, Industrial Estate, Waterford held that it had not received an application from the claimant. A female candidate was appointed to the position. On 5th May, 1996 the claimant lodged a formal complaint with the Labour Court that he had been discriminated against by FAS because his application had not been treated in the same way as the successful female candidate. The Court referred the claim to an Equality Officer for investigation and recommendation.
The Equality Officer's recommendation which was issued on the 16th May, 1997 found that FAS did not discriminate against Mr. Murphy on the basis of his sex within the meaning of Section 2(a) of the Employment Equality Act, 1977.
On the 22nd May, 1997 Mr. Murphy appealed the Equality Officer's recommendation to the Labour Court. The Court arranged for the appeal to be heard in Waterford on the 8th of October, 1997. Both parties made written submissions (details supplied to the Court). The claimant did not attend the hearing.
The complainant did not put in an appearance and did not advise the Court of any difficulties regarding attendance.
The Court having been satisfied that notice was properly given to the complainant of the date, time and venue of the hearing decided to strike out the appeal.
Signed on behalf of the Labour Court
6th November, 1997______________________
Enquiries concerning this Determination should be addressed to Tom O'Dea, Court Secretary.