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.