The Labour Court upheld the Equality Officer’s recommendation that Mater Misericordiae Hospital had not discriminated against Oliver Fallon when it did not shortlist him for a staff nurse interview. The Court rejected Fallon’s appeal in a determination dated 13 February 1997. Fallon argued that the hospital excluded him because he was male. The Court found an unexplained gap in his employment history affected his application, but did not exclude him from consideration: he was placed on a supplementary shortlist with five women. It noted an inference of discrimination because a woman with a similar question on her application was interviewed, but found no basis to conclude Fallon was treated less favourably because of his sex.