Deman, Suresh v Queen’s University
[2022] NICA 23
Date: 12 April 2022
Keywords: Case law; Northern Ireland; Appeals; Employment; Race discrimination; Religious discrimination; Victimisation; Bias; Fair Employment Tribunal
Appellant appealing against decision of the Fair Employment Tribunal on 18 October 2019 whereby it unanimously decided the appellant had not been treated less favourably on grounds of his race or religion – Appellant having history of vexatious claims – Appellant engaging in delaying and diversionary tactics – Appellant challenging the case management of the case – Appellant seeking recusal of McCloskey LJ on ground of bias – Whether to decide appeal on papers – Whether appeal can be determined in a manner fair to both parties by the adoption of the paper mechanism – Appellant unsuccessful in his application for professor’s post at Queen’s University – Appellant not meeting selection criteria – Whether the Tribunal was biased – Whether the respondent’s procedure was directly discriminatory of the appellant in that it was intrinsically unfair and, further, was not applied fairly – Whether an arguable error of law on the part of the Tribunal
Decision: Appeal dismissed
Belhassen, Ahmed v Dobhan Ltd
[2022] NICA 10
Date: 09 March 2022
Keywords: Case law; Northern Ireland; Employment; Appeals; Unfair dismissal; Procedure; Case management
Claim for unfair dismissal – Challenge against orders of Tribunal – Appellant initiating tribunal proceedings as self-representing foreign national – Appellant alleging unfair dismissal due to pleading with employer for pay slips and contract of employment – Tribunal dismissing first and second Respondents from proceedings – Tribunal substituting and ordering joinder of non-existent natural or legal person to proceedings – Appellant unable to commence proceedings against non-existent natural or legal person – Whether court to extend time – Whether orders of Tribunal sustainable in law
Decision: The impugned orders of the Tribunal are reversed
Peifer, Robert James v Southern Education and Library Board & anor
2021 NICA 66
Date: 16 December 2021
Keywords: Case law; Northern Ireland; Appeals; Sex discrimination; Damages; Victimisation; Recruitment
Appeal against the decision of Industrial Tribunal given on 20 November 2019 to award the appellant compensation in the sum of £1063 comprising £500 damages together with interest – Appellant appealing decision of Tribunal on grounds of not addressing range and magnitude of unequal treatment – Appellant claiming he had been discriminated against in a recruitment competition for the post of special needs classroom assistant at the respondent school – Recruitment competition re-advertised as a result of advice from the respondent board – appellant once again unsuccessful – Appellant lodging a claim alleging both sex discrimination and victimisation – Unfair recruitment – Appropriate figure for compensation – Whether appellant entitled to further award of compensation – Judicature (Northern Ireland) Act 1978, section 38(1)(a)
Decision: Please refer to judgment
Department of Justice v McGrath, Teresa Marie
[2021] NICA 44
Date: 2 July 2021
Keywords: Case law; Northern Ireland; Appeals; Employment; Equal pay; Sex discrimination; Industrial Tribunal
Appeal by the Department of Justice from decision of the Industrial Tribunal dated 25 July 2019 holding it was in breach of the Equal Pay Act (NI) 1970 as amended and that the claimant was entitled to equal pay – Claimant raising grievance with employer regarding equal pay and pay on promotion – Claimant employed within the Northern Ireland Court Service in post of Deputy Principal in Official Solicitor’s office – Fluid grading – Post re-graded upwards to a Grade 7 post – Back-pay – Claimant asserting she had always been performing Grade 7 work – Tribunal finding that the claimant had been engaged by the employer in like work with her comparators – Whether, even though it did not form part of its pleaded case, the employer could raise a defence of genuine material factor that, unknown to senior management, the claimant’s manager was allocating work to her that was above her pay-level, and if it could, then could the actions of the manager be regarded as a genuine material factor defence.
Decision: Appeal dismissed
Holchem Laboratories Ltd v Henry, James
[2021] NICA 35
Date: 1 June 2021
Keywords; Case law; Northern Ireland; Appeals; Employment; Termination of employment; Contract terms; Unfair dismissal; Conflict of interest
Employment – Unfair dismissal – Alleged breach of employment contract – Judge dismissing employer’s claim against former employee alleging breach of employment contract prior to and after termination – Respondent seeking to appeal dismissal of Appellant’s claim in relation to pre-termination conduct of Respondent – Whether judge erring in law or in fact in finding Respondent not breaching any obligation of loyalty or fidelity – Whether judge failing to address relevant obligations of loyalty or fidelity in contract of employment
Decision: Appeal dismissed
Walsh, Emma v Office of the Industrial Tribunal & anor
[2021] NICA 26
Date: 29 April 2021
Keywords: Case law; Northern Ireland; Appeals; Employment; Unfair dismissal; Extension of time; Contributory fault; Time limits
Appellant appealing against decision of Industrial Tribunal whereby it ruled that neither reinstatement nor re-engagement considered an appropriate remedy following finding of unfair dismissal – Extension of time for serving notice of appeal – Employee appealing on grounds that tribunal had made factual errors and proceedings were unfair in that she had been unable to cross-examine author of witness statement – Employee serving notice of appeal 16 weeks out of time – Whether appeal raising any question of law or substantive question of procedural unfairness – Whether court should extend time – Rules the Court of Judicature (Northern Ireland) 1980, Order 60B, rule 1(2); Order 94 rule 2(4)(b)
Decision: Request for extension of time refused
Bryant, Grace v Nestle UK Ltd
[2021] NICA 34
Date: 4 June 2021
Keywords: Case law; Northern Ireland; Appeals; Employment; Unfair dismissal; Age discrimination; Time limits; Tribunals
Appellant appealing decision of the Industrial Tribunal refusing the appellant’s application to amend Googleher claim for unfair dismissal to include an additional claim that the termination of her employment had been unlawful on the further ground of age discrimination – Appellant claiming unfair dismissal by employers on ground of redundancy – Discovery of documents – Tribunal refusing application to amend claim – Tribunal concluding Appellant acting in manner having effect of disadvantaging or misleading Respondent for tactical reasons with regard to timing and manner in which application for amendment made – Whether Tribunal decision perverse – Whether Tribunal decision involving error of law – Whether court to extend time limit to allow Appellant to amend claim to include claim for age discrimination – Consideration of the role of appellate court
Decision: Appeal allowed
Content credit: Bar Library, Bar of NI
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