Cunha v JSD Recruitment & Anor [2006] NIIT 715_05 (24 April 2006)

Cunha v JSD Recruitment & Anor [2006] NIIT 715_05 (24 April 2006)

The claimant was employed by the first-named respondent (JSD Recruitment) under a contract of service, with sufficient control and contractual terms consistent with employment. No contract of employment, express or implied, existed between the claimant and the second-named respondent (Moypark Limited). Thus, the...

Source-derived case information.

Citation
[2006] NIIT 715_05
Parties
Claimant: Olinto Cunha; First Named Respondent: JSD Recruitment; Second Named Respondent: Moypark Limited
Jurisdiction
Northern Ireland
Judgment Date
24 April 2006
Procedural Posture
Industrial Tribunal Pre Hearing Review / Pre Hearing Review Decision
Outcome
Partly allowed, partly stayed, costs refused
Legal Topics
Unfair Dismissal, Employment Status, Agency Workers, Race Discrimination, Costs
Employment Law Unfair Dismissal Employment Status Agency Workers Race Discrimination Costs

Source-derived case record

Summary, issues, holding and outcome

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Parties

Olinto Cunha

Claimant

JSD Recruitment

First Named Respondent

Moypark Limited

Second Named Respondent

Procedural Posture

Industrial Tribunal Pre Hearing Review / Pre Hearing Review Decision

Legal Issues

  1. 1 Who is the correct respondent for the claimant's unfair dismissal, notice pay, holiday pay, and race discrimination claims?
  2. 2 Does the claimant have employee status with the first-named or second-named respondent?

Ratio Decidendi

The claimant was employed by the first-named respondent (JSD Recruitment) under a contract of service, with sufficient control and contractual terms consistent with employment. No contract of employment, express or implied, existed between the claimant and the second-named respondent (Moypark Limited). Thus, the correct respondent for unfair dismissal, notice pay, and holiday pay is JSD Recruitment; both respondents are correct for the race discrimination claim.

Court Disposition

Partly allowed, partly stayed, costs refused

Orders

  • The correct respondent to the unfair dismissal, notice pay, and holiday pay claims is JSD Recruitment.
  • Both JSD Recruitment and Moypark Limited are respondents to the race discrimination claim.