Aflat v Diamond Recruitment (Discrimination - Race Unfair Dismissal) [2019] NIIT 08411_18IT (16 January 2019)

Aflat v Diamond Recruitment (Discrimination - Race Unfair Dismissal) [2019] NIIT 08411_18IT (16 January 2019)

The tribunal has no jurisdiction to consider the claimant’s claims because they were previously settled and dismissed following a conciliation agreement, and there are no grounds to set aside that agreement. Additionally, the claims are significantly out of time, and no sufficient basis exists to extend the...

Source-derived case information.

Citation
[2019] NIIT 08411_18IT
Parties
Claimant: Marius Aflat; First Respondent: Diamond Recruitment; Second Respondent: Moy Park
Jurisdiction
Northern Ireland
Judgment Date
16 January 2019
Procedural Posture
Industrial Tribunal / Pre Hearing Review Decision on Jurisdiction and Limitation
Outcome
Claim dismissed for want of jurisdiction and being out of time.
Legal Topics
Unfair Dismissal, Race Discrimination, Jurisdiction, Time Limits, Res Judicata, Conciliation Agreements
Employment Law Discrimination Law Unfair Dismissal Race Discrimination Jurisdiction Time Limits Res Judicata Conciliation Agreements

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Parties

Marius Aflat

Claimant

Diamond Recruitment

First Respondent

Moy Park

Second Respondent

Procedural Posture

Industrial Tribunal / Pre Hearing Review Decision on Jurisdiction and Limitation

Legal Issues

  1. 1 Whether the tribunal has jurisdiction to hear the claim given prior proceedings and conciliation agreement
  2. 2 Whether the unfair dismissal claim is out of time and if time should be extended
  3. 3 Whether the race discrimination claim is out of time and if it is just and equitable to extend time

Ratio Decidendi

The tribunal has no jurisdiction to consider the claimant’s claims because they were previously settled and dismissed following a conciliation agreement, and there are no grounds to set aside that agreement. Additionally, the claims are significantly out of time, and no sufficient basis exists to extend the limitation period.

Court Disposition

Claim dismissed for want of jurisdiction and being out of time.