Fleming v Halus & Ors [2002] NIIT 174_98 (16 August 2002)

Fleming v Halus & Ors [2002] NIIT 174_98 (16 August 2002)

The applicant was subjected to sectarian harassment and was unlawfully discriminated against on grounds of his religious belief, particularly in the context of promotion procedures, due to lack of equal opportunities policy and training, and premature exclusion from consideration for promotion.

Citation
[2002] NIIT 174_98
Parties
Applicant: Malachy Fleming; Respondent: Kevin Halus; Respondent: Staff Sergeant Neely; Respondent: Ministry of Defence
Jurisdiction
Northern Ireland
Judgment Date
16 August 2002
Procedural Posture
Fair Employment Tribunal / Final Judgment
Outcome
Applicant's claims upheld
Legal Topics
Sectarian Harassment, Religious Discrimination, Promotion Procedures, Equal Opportunities Policy
Employment Law Equality Law Sectarian Harassment Religious Discrimination Promotion Procedures Equal Opportunities Policy

Case Brief

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Parties

Malachy Fleming

Applicant

Kevin Halus

Respondent

Staff Sergeant Neely

Respondent

Ministry of Defence

Respondent

Procedural Posture

Fair Employment Tribunal / Final Judgment

Legal Issues

  1. 1 Whether the applicant was subjected to sectarian harassment
  2. 2 Whether the applicant was unlawfully discriminated against on grounds of religious belief
  3. 3 Whether the promotion procedure was unfair and discriminatory

Ratio Decidendi

The applicant was subjected to sectarian harassment and was unlawfully discriminated against on grounds of his religious belief, particularly in the context of promotion procedures, due to lack of equal opportunities policy and training, and premature exclusion from consideration for promotion.

Court Disposition

Applicant's claims upheld

Orders

  • Declaration that the applicant was subjected to sectarian harassment
  • Declaration that the applicant was unlawfully discriminated against on grounds of religious belief contrary to the Fair Employment and Treatment Order (Northern Ireland) 1998