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Zizak v. Despatch Industries, Inc.

Citations: 427 N.W.2d 755; 1988 Minn. App. LEXIS 790; 1988 WL 86035Docket: No. C0-88-1070

Court: Court of Appeals of Minnesota; August 23, 1988; Minnesota; State Appellate Court

Narrative Opinion Summary

The case involves allegations of age discrimination by an employee, Zizak, who was not promoted by his employer, Despatch Industries. The Minneapolis Commission on Civil Rights, through its executive director, found no probable cause for Zizak's claim, a decision subsequently upheld by a three-member review panel. Seeking to challenge this outcome, Zizak pursued certiorari review in the Court of Appeals. However, Despatch Industries moved to dismiss the writ, arguing that the panel's decision was not appealable. The Court of Appeals assessed its jurisdiction, ultimately concluding that it could only hear appeals from final decisions of the Minneapolis Commission on Civil Rights. Since the panel's decision did not constitute such a final decision, as Zizak retained the option to file a civil action in district court, the court found no basis for an appeal. Furthermore, the court emphasized that under the Minnesota Human Rights Act, a no-probable-cause finding is not appealable, reinforcing that Zizak’s case did not warrant extending review rights. Consequently, the Court discharged the writ of certiorari, affirming that there is no right to appeal from a no-probable-cause review panel's decision in this context.

Legal Issues Addressed

Availability of Certiorari Review

Application: The court held that certiorari review is not available for interlocutory orders and that the no-probable-cause decision did not constitute a final decision subject to appeal.

Reasoning: It also noted that certiorari review is not available for interlocutory orders. Since Zizak's case did not involve a contested case proceeding, there was no final decision by a hearing committee.

Jurisdiction of Court of Appeals

Application: The Court of Appeals confirmed its jurisdiction to hear appeals from final decisions of the Minneapolis Commission on Civil Rights, but determined that no final decision had been made in this case.

Reasoning: The Court of Appeals confirmed its jurisdiction to hear appeals from final decisions of the Minneapolis Commission on Civil Rights, referencing prior cases that define a 'final decision' as one that conclusively determines the rights of the parties involved.

Procedural Rights in Discrimination Claims

Application: The decision clarified that the commission’s determination did not preclude Zizak from pursuing his discrimination claim through a civil action in district court.

Reasoning: The commission's decision not to prosecute Zizak's charge did not finalize his right to pursue discrimination claims, as he could still file a civil action in district court.

Reviewability of No-Probable-Cause Findings

Application: The court explained that a finding of no probable cause by the Minneapolis Commission is not appealable, aligning with the Minnesota Human Rights Act, which also precludes appeals in such instances.

Reasoning: The court also highlighted that the Minneapolis City Council could grant the commission powers under the Minnesota Human Rights Act, which specifies that a finding of no probable cause by the state Department of Human Rights is not appealable.