This case involved a complaint of discrimination on the ground of race regarding getting a job, promotion, training and terms and conditions of employment. The complainant contended that he had been treated differently to other colleagues as he was a Romanian. He identified a number of comparators in support of his case and claimed that had been continuously discriminated since 2000 when he commenced employment. He claimed that two of his comparators were facilitated with hours in their areas of expertise and they had less replacement modules than he had. He also claimed that he had applied for over twenty lecturing posts but had only been short-listed for interview on a number of occasions.

The respondent disputed this claim and said the complainant was treated no differently than other staff with similar experience. The Court stated that it was for the complainant in the first instant to establish surrounding or primary facts which could lead to an inference that discrimination had occurred before the burden of proof shifts to the respondent.  The Court held that the complainant was unable to meet the Mitchell Test criteria i.e. to prove the primary facts upon which he was relying and the appeal failed.
https://www.workplacerelations.ie/en/Cases/2018/June/EDA1835.html