McCue v Department for Regional Development [2006] NIIT 839/06 (31 August 2006)

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You are here: BAILII >> Databases >> Industrial Tribunals Northern Ireland Decisions >> McCue v Department for Regional Development [2006] NIIT 839/06 (31 August 2006)
URL: http://www.bailii.org/nie/cases/NIIT/2006/839_06.html
Cite as: [2006] NIIT 839/6, [2006] NIIT 839/06

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    THE INDUSTRIAL TRIBUNALS

    CASE REF: 839/06

    CLAIMANT: James McCue

    RESPONDENT: Department for Regional Development

    DECISION ON A REVIEW

    The decision of the tribunal on a review is that the decision issued by letter to the claimant on 17 July 2006 not to accept part of his claim relating to race discrimination and disability discrimination is confirmed.

    Constitution of Tribunal:

    Chairman (sitting alone): Mr D Buchanan

    Appearances:

    The claimant did not appear and was not represented at the hearing.

  1. By a claim form presented to the Office of the Tribunals on 27 June 2006 the claimant, Mr McCue, alleged that he had been discriminated against by the respondent on the grounds of sex, race, and disability.

  2. By a letter dated, 17 July 2006, written on behalf of the Secretary of the Tribunals, Mr McCue was informed:-

    3. (i) that his complaint of sex discrimination had been accepted; and
    (ii) that his claims in respect of race discrimination and disability discrimination had not been accepted as they did not include all of the relevant required information in respect of the details of these claims in accordance with Rule 1(4)(g) of Schedule 1 of the Industrial Tribunals Rules of Procedure 2005.

  3. By letter dated 24 July 2006 the claimant sought a review of the decision to reject his claims of race discrimination and disability discrimination on the grounds of administrative error, and the interests of justice.

  4. By letter of 11 August 2006 the claimant was notified of the time and date of the hearing.

  5. The claimant did not attend the hearing nor was he represented at it.

    6. 6. (i) I have had regard to his claim form presented on 27 June 2006 and his letter of 24 July 2006 seeking a review.
         
      (ii) The former is very detailed in relation to sex discrimination (which was accepted), but gives no detail on either the race discrimination or disability discrimination claims in respect of which he also ticked the boxes at Paragraph 8.1 of the claim form.
         
      (iii) The latter gives some detail in relation to race discrimination, but still gives no detail of any disability discrimination claim. It does not even specify briefly any disability from which the claimant may suffer.
         
    7. (i) The claimant, in his letter seeking a review, alleges that there was an administrative error in assuming that his case had no element of race discrimination or disability discrimination.
         
      (ii) However, having regard to what is stated at Paragraph 6. above, and to the fact that no argument or evidence has been presented to the tribunal by or on behalf of the claimant (in particular as to why the requisite detail was not initially provided, or why it was an error to assume that his case had no element of race or disability discrimination), I am satisfied that the decision of 17 July 2006 should be confirmed.

  6. The claimant also stated in his request for a review that since he was not present or represented at the decision of 17 July 2006 to reject his race and disability discrimination claims it was an unfair hearing which breached the Human Rights Act.

    7. The review procedure which he has invoked gave him the right to a hearing and an opportunity to put forward his case.

    Chairman:

    Date and place of hearing: 31 August 2006, Belfast

    Date decision recorded in register and issued to parties:

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URL: http://www.bailii.org/nie/cases/NIIT/2006/839_06.html