Sheils v Boliden Tara Mines & Tara Mines Pension Scheme
Decision Number:
Published on: 08/06/2015
Article Authors The main content of this article was provided by the following authors.
Bernadette Treanor Founder
Bernadette Treanor Founder
Bernadette treanor

Bernadette Treanor is the founder of Beo Solutions, an employee relations and engagement consultancy which provides best practice expert leadership and impartial organisational support in the areas of employee relations, employee engagement, workplace investigations, disciplinary hearings and mediation. 

An expert in equality law, Bernadette provides Equality reviews and assessments, including assessments of cases being prepared. She is a Committee member of the Employment Law Association of Ireland (ELAI) and CIPD member. She reviews equality Decisions issued by the Equality Tribunal for Legal Island monthly and chairs its annual Equality Conference aimed at equality practitioners.

Background

The Equality Officer states that when reviewing the material submitted in respect of this claim it became clear that the Tribunal did not have jurisdiction of the matter as it had previously been decided by the Supreme Court.

The complainant was of the opinion, and stated that his solicitor was of the same opinion, that the discrimination case was not compromised by the Supreme Court.  The Equality Officer states “I cannot put probative value on these statements based on what Hardiman J. clearly states in his decision”.  He goes on to state that the Tribunal is under all circumstances bound by the Court’s written decision.  “it is clear from Hardiman J’s finding quoted above that the issue of discrimination pursuant to the Pensions Acts, while raised in the defendant’s  pleadings, was not pursued by his legal representatives in the oral proceedings and therefore decided in his disfavour.  This means the matter is res judicata.

The Equality Officer found that the claim was misconceived as it was incorrectly based in law and the Tribunal did not have jurisdiction to investigate the matter.

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Disclaimer The information in this article is provided as part of Legal Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article. This article is correct at 08/06/2015
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