Viera v McElvogue (Racial Discrimination) [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 dismissal was due to misconduct and unsatisfactory work performance, not race.
- Citation
- [2004] NIIT 1954_02
- Parties
- Applicant: Jorge Vieira; Respondent: D McElvogue
- Jurisdiction
- Northern Ireland
- Judgment Date
- 29 January 2004
- Procedural Posture
- Industrial Tribunal / Final Decision
- Outcome
- Application dismissed
- Legal Topics
- Racial Discrimination, Unfair Dismissal, Burden of Proof
Case Brief
Summary, issues, holding and outcome
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Parties
Jorge Vieira
Applicant
D McElvogue
Respondent
Procedural Posture
Industrial Tribunal / Final Decision
Legal Issues
- 1 Whether the applicant was discriminated against on grounds of racial origin
- 2 Whether the applicant was unfairly dismissed for asserting 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 dismissal was due to misconduct and unsatisfactory work performance, not race.
Court Disposition
Application dismissed
Full Case Text
Judgment text and source record
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