Fair Employment Tribunal Northern Ireland Decisions

FAIR EMPLOYMENT TRIBUNAL

CASE REFS: 00540/00 FET

03245/00

CLAIMANT: Whyed Muhammed Gill

RESPONDENTS: 1. Northern Ireland Human Rights Commission

2. Paddy Sloan (Chief Executive)

DECISION

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

Ms Callaghan

Appearances:

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.

1. The claimant did not attend the hearing. No communication was received from him. Notice of Hearing was sent to him on 29 January 2008. The Tribunal was satisfied that it should dispose of the case in the absence of the claimant.

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.

2. The claimant's claim form is laconic. It states, at paragraph 13, that he was not short listed for the post of Bill of Rights Educator with the respondent Commission on the grounds of race, religion and political affiliation. The claimant alleges that he met all criteria.

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.

Chairman:

Date and place of hearing: 27 May 2008, Belfast

Date decision recorded in register and issued to parties: