Nijhar v McCullough [2005] NIFET 00311_98FET (13 December 2005)

Nijhar v McCullough [2005] NIFET 00311_98FET (13 December 2005)

The Tribunal found that although the claimant proved facts from which discrimination could be inferred, the respondents provided an adequate explanation that the decision not to appoint was based on interview performance and not on race, religion, or political opinion. The claimant's credibility was undermined by an untrue allegation regarding interview questions, and the evidence of the respondents was preferred.

Citation
[2005] NIFET 00311_98FET
Parties
Claimant: Saranjit K Nijhar; Respondent: Oliver McCullough; Respondent: Professor B Dickson; Respondent: Colin Knox; Respondent: University of Ulster
Jurisdiction
Northern Ireland
Judgment Date
13 December 2005
Procedural Posture
Fair Employment Tribunal / Final Judgment
Outcome
Claim dismissed
Legal Topics
Race Discrimination, Religious Discrimination, Political Discrimination, Recruitment, Burden of Proof
Employment Law Equality Law Race Discrimination Religious Discrimination Political Discrimination Recruitment Burden of Proof

Case Brief

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Parties

Saranjit K Nijhar

Claimant

Oliver McCullough

Respondent

Professor B Dickson

Respondent

Colin Knox

Respondent

University of Ulster

Respondent

Procedural Posture

Fair Employment Tribunal / Final Judgment

Legal Issues

  1. 1 Whether the claimant was unlawfully discriminated against on grounds of race, religion or political opinion in the failure to appoint her to a research post

Ratio Decidendi

The Tribunal found that although the claimant proved facts from which discrimination could be inferred, the respondents provided an adequate explanation that the decision not to appoint was based on interview performance and not on race, religion, or political opinion. The claimant's credibility was undermined by an untrue allegation regarding interview questions, and the evidence of the respondents was preferred.

Court Disposition

Claim dismissed