Vieira v McElvogue [2004] NIIT 1954_02 (29 January 2004)

Vieira v McElvogue [2004] NIIT 1954_02 (29 January 2004)

The applicant failed to discharge the burden of proof that he was discriminated against on the grounds of his racial origin. The tribunal found the dismissal was due to misconduct, not race or assertion of statutory rights.

Citation
[2004] NIIT 1954
Parties
Applicant: Jorge Vieira; Respondent: D McElvogue
Jurisdiction
Northern Ireland
Judgment Date
29 January 2004
Procedural Posture
Industrial Tribunal Race Discrimination / Final Decision
Outcome
Application dismissed
Legal Topics
Race Discrimination, Unfair Dismissal, Illegality of Contract
Employment Law Discrimination Law Race Discrimination Unfair Dismissal Illegality of Contract

Case Brief

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Parties

Jorge Vieira

Applicant

D McElvogue

Respondent

Procedural Posture

Industrial Tribunal Race Discrimination / Final Decision

Legal Issues

  1. 1 Whether the applicant was discriminated against on grounds of racial origin
  2. 2 Whether the dismissal was due to misconduct or assertion of statutory rights

Ratio Decidendi

The applicant failed to discharge the burden of proof that he was discriminated against on the grounds of his racial origin. The tribunal found the dismissal was due to misconduct, not race or assertion of statutory rights.

Court Disposition

Application dismissed