Damilare Ajao v Commerzbank AG & Ors

Damilare Ajao v Commerzbank AG & Ors

The tribunal was entitled to revoke the claimant's anonymity and reporting restriction orders as the protection of the Sexual Offences (Amendment) Act 1992 did not apply to allegations made only in tribunal proceedings and the claimant's allegations were found to be false. The holiday pay claim failed as the tribunal was entitled to find the claimant was not sick on the relevant days. The costs order was justified given the claimant's unreasonable conduct and failure to provide adequate evidence of means.

Parties
Appellant (claimant Below): Damilare Ajao; Respondent: Commerzbank AG; Respondent: Mr Lars Vogelmann; Respondent: Ms Hope Jackson; Respondent: Mr Gary Booth; Respondent: Ms Yogita Mehta; Respondent: Q (in accordance with anonymity order)
Jurisdiction
England and Wales
Judgment Date
03 December 2024
Procedural Posture
Employment Appeal / Judgment on Appeal
Outcome
appeal dismissed
Legal Topics
Anonymity Orders, Holiday Pay, Costs Orders, Reporting Restrictions, Open Justice, Sexual Offences (anonymity)
Employment Law Privacy Law Costs Anonymity Orders Holiday Pay Costs Orders Reporting Restrictions Open Justice +1 more

Case Brief

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Parties

Damilare Ajao

Appellant (claimant Below)

Commerzbank AG

Respondent

Mr Lars Vogelmann

Respondent

Ms Hope Jackson

Respondent

Mr Gary Booth

Respondent

Ms Yogita Mehta

Respondent

Q (in accordance with anonymity order)

Respondent

Procedural Posture

Employment Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the tribunal erred in revoking anonymity and reporting restriction orders for the claimant
  2. 2 Whether the tribunal erred in dismissing the claimant's holiday pay claim
  3. 3 Whether the tribunal erred or was perverse in making a costs order against the claimant

Ratio Decidendi

The tribunal was entitled to revoke the claimant's anonymity and reporting restriction orders as the protection of the Sexual Offences (Amendment) Act 1992 did not apply to allegations made only in tribunal proceedings and the claimant's allegations were found to be false. The holiday pay claim failed as the tribunal was entitled to find the claimant was not sick on the relevant days. The costs order was justified given the claimant's unreasonable conduct and failure to provide adequate evidence of means.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed on all grounds
  • Claimant to pay a contribution of £5,362 towards respondents’ costs of the appeal