Bonnar v Bond Search and Selection Ltd [2017] NIIT 01216_16IT (11 May 2017)

Bonnar v Bond Search and Selection Ltd [2017] NIIT 01216_16IT (11 May 2017)

The claimant failed to prove he was a disabled person under the Disability Discrimination Act 1995 at the relevant time, due to unreliable evidence and activities inconsistent with claimed incapacity. Consequently, claims for disability discrimination, unfair dismissal, victimisation, and harassment were dismissed. The claimant was entitled to unpaid commission of £510 from the first respondent; the counterclaim for holiday pay was dismissed.

Citation
[2017] NIIT 01216_16IT
Parties
Claimant: Rory Bonnar; Respondent: Bond Search and Selection Ltd; Respondent: Bernard Rooney; Respondent: Jonathan St. Clare
Jurisdiction
Northern Ireland
Judgment Date
11 May 2017
Procedural Posture
Industrial Tribunal / Final Judgment
Outcome
Claims for disability discrimination, unfair dismissal, victimisation, and harassment dismissed; commission claim partially upheld; counterclaim dismissed.
Legal Topics
Disability Discrimination, Unfair Dismissal, Victimisation, Harassment, Commission Payment, Holiday Pay
Employment Law Disability Discrimination Unfair Dismissal Victimisation Harassment Commission Payment Holiday Pay

Case Brief

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Parties

Rory Bonnar

Claimant

Bond Search and Selection Ltd

Respondent

Bernard Rooney

Respondent

Jonathan St. Clare

Respondent

Procedural Posture

Industrial Tribunal / Final Judgment

Legal Issues

  1. 1 Whether claimant was a disabled person under Disability Discrimination Act 1995
  2. 2 Whether claimant was unfairly dismissed
  3. 3 Whether claimant was victimised or harassed on grounds of disability

Ratio Decidendi

The claimant failed to prove he was a disabled person under the Disability Discrimination Act 1995 at the relevant time, due to unreliable evidence and activities inconsistent with claimed incapacity. Consequently, claims for disability discrimination, unfair dismissal, victimisation, and harassment were dismissed. The claimant was entitled to unpaid commission of £510 from the first respondent; the counterclaim for holiday pay was dismissed.

Court Disposition

Claims for disability discrimination, unfair dismissal, victimisation, and harassment dismissed; commission claim partially upheld; counterclaim dismissed.

Orders

  • Second and third respondents dismissed from commission claim.
  • First respondent ordered to pay claimant £510 by way of unpaid commission.