Zak v Fork and Cork Ltd t/a 4th Wall...Johny Hamilton [2015] NIIT 00055_15IT_2 (24 September 2015)

Zak v Fork and Cork Ltd t/a 4th Wall...Johny Hamilton [2015] NIIT 00055_15IT_2 (24 September 2015)

The tribunal determined that the original award for injury to feelings was insufficient and increased it to £6,500 to more appropriately reflect the impact of the race discrimination suffered by the claimant.

Citation
[2015] NIIT 00055_15IT_2
Parties
Claimant: Michal Zak; First Respondent: Fork and Cork Ltd t/a Fourth Wall Restaurant; Second Respondent: Johnny Hamilton
Jurisdiction
Northern Ireland
Judgment Date
24 September 2015
Procedural Posture
Industrial Tribunal Review / Application for Review of Compensation Award
Outcome
Award varied on review; compensation increased.
Legal Topics
Race Discrimination, Compensation for Injury to Feelings, Written Particulars of Employment
Employment Law Discrimination Law Race Discrimination Compensation for Injury to Feelings Written Particulars of Employment

Case Brief

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Parties

Michal Zak

Claimant

Fork and Cork Ltd t/a Fourth Wall Restaurant

First Respondent

Johnny Hamilton

Second Respondent

Procedural Posture

Industrial Tribunal Review / Application for Review of Compensation Award

Legal Issues

  1. 1 Whether the compensation for injury to feelings awarded for race discrimination was adequate
  2. 2 Whether the total compensation should be varied on review

Ratio Decidendi

The tribunal determined that the original award for injury to feelings was insufficient and increased it to £6,500 to more appropriately reflect the impact of the race discrimination suffered by the claimant.

Court Disposition

Award varied on review; compensation increased.

Orders

  • First respondent to pay £6,500 for injury to feelings to the claimant.
  • First respondent to pay £540 for loss of earnings to the claimant.