Department of the Environment v Fair Employment Agency
| Jurisdiction | Northern Ireland |
| Judgment Date | 01 January 1989 |
| Date | 01 January 1989 |
| Court | Court of Appeal (Northern Ireland) |
- Burden of proof - Applicant a civil servant - Passed over for promotion - Successful candidate of different religion and a Mason - Allegation of Masonic conspiracy -Whether higher standard of proof where grave allegations made - Whether sufficient evidence to support finding of discrimination - Fair Employment (Northern Ireland), 1976 (c. 25), ss.16 (2), 17, 24, 25 (1), 28. Practice - Case stated - Observations on drafting.
A complaint was made by an employee in the Department of the Environment alleging he had been a victim of religious discrimination. A vacancy had arisen in the Department and the complainant, a Roman Catholic, and another employee, a Protestant and a member of a Masonic Lodge, both applied for he post. It was alleged that other members of the Department, who were also members of the Masonic Lodge, had conspired together to ensure that the Protestant candidate would be promoted and he had been recommended for temporary promotion before the meeting of the promotion board took place. The rival candidate was successful in his application. An investigation was carried out by the Fair Employment Agency which found the allegations of unlawful discrimination proved. The Department appealed to the Recorder of Londonderry who considered that the allegations were grave and could only be proved by cogent evidence. Accordingly, he held that the Agency had failed to discharge the burden of proof and he allowed the appeal. The Agency appealed by way of a case stated seeking determination as to whether an excessive standard of proof had been applied. Further, if the court had properly directed itself whether it would have reached the same finding. Held, remitting the case to the Recorder for his determination in accordance with the law as stated by the court, that, 1, the court should not regard discrimination as so improbable that it required a higher standard of proof than that which was necessary to establish liability in any ordinary civil case, that is, the balance of probabilities. Wallace v. South Eastern Education and Library BoardDNI [1980] N.I. 38 applied. 2. (Kelly L.J. dissenting) It appeared that the Recorder had been misled by allegations of Masonic conspiracy into considering such allegations so grave as to require cogent evidence to substantiate them. The proper...
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