CASE REFS: 00540/00 FET
CLAIMANT: Whyed Muhammed Gill
RESPONDENTS: 1. Northern Ireland Human Rights Commission
2. Paddy Sloan (Chief Executive)
The unanimous decision of the Tribunal is as follows:-
(i) that the claimant's claims of unlawful discrimination on the grounds of race, religious belief and political opinion be dismissed; and
(ii) that the claimant do pay to the respondents the total sum of £5,172.93 in respect of costs incurred by them.
Constitution of Tribunal:
Chairman: Mr D Buchanan
Members: Mr Montgomery
The claimant did not appear to the hearing, nor was he represented.
The respondent was represented by Ms S Bradley, Barrister-at-Law, instructed by Jones & Cassidy, Solicitors.
Before doing so, it considered the claim form submitted by the claimant, and heard oral evidence from Ms Paddy Sloan, the second-named respondent, who was Chief Executive of the first-named respondent at the relevant time.
|3.||(i)||We are satisfied from the evidence of Ms Sloan, who chaired the short listing panel, that Mr Gill was not short listed because he did not satisfy two of the essential criteria for the post, namely those relating to communication skills and being able to manage his own time effectively, to use his own initiative and to be self-motivating.
The decision of the short listing panel was unanimous. None of its members had any previous knowledge of the claimant.
|(ii)||No facts have been proved from which any inference of discrimination can be drawn.|
|(iii)||We therefore dismiss the claimant's claims.|
|4.||(i)||The respondents made an application for costs. This application is governed by the Fair Employment Tribunal (Rules of Procedure) Regulations (Northern Ireland) 2004.|
|(ii)||We are satisfied that in bringing and conducting these proceedings the claimant has acted unreasonably. He has consistently failed to comply with Orders of the Tribunal, in relation to interlocutory matters and the timetabling of proceedings. This has resulted in the holding of a number of Case Management Discussions which should not have been necessary. The respondents fully prepared their case for the substantive hearing in the expectation that it would be pursued.|
|(iii)||We therefore order that the claimant do pay to the respondents the sum of £5,172.93 in respect of costs incurred by them.|
Date and place of hearing: 27 May 2008, Belfast
Date decision recorded in register and issued to parties: