This case involved a claim that the complainant was discriminated against on the age ground. The Court had to deal with a preliminary issue which involved the fact that the legal arguments in this case had already been rejected by the Labour Court in related proceedings under the Protection of Employees (Fixed Term Work) Act 2003.
The respondent submitted that the complainant should not be allowed to re-open these facts and legal arguments for the proceedings at hand. The complainant alleged that different issues of law arose in these proceedings and the doctrine of res judicata had no application in this case.
The Court noted that the complainant had been invited by the Labour Court to adjourn the proceedings
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