Cich v Campbell Catering (NI) Ltd T/a... [2015] NIIT 1622_14IT (21 January 2015)

Cich v Campbell Catering (NI) Ltd T/a... [2015] NIIT 1622_14IT (21 January 2015)

The claim regarding dismissal was out of time and it was not just and equitable to extend time; the remaining claims of race discrimination were not substantiated on the evidence.

Citation
[2015] NIIT 1622_14IT
Parties
Claimant: Miroslaw Cich; Respondent: Campbell Catering (NI) Ltd T/a Aramark
Jurisdiction
Northern Ireland
Judgment Date
21 January 2015
Procedural Posture
Industrial Tribunal / Final Decision
Outcome
Claims dismissed
Legal Topics
Race Discrimination, Jurisdiction, Limitation Period
Employment Law Discrimination Law Race Discrimination Jurisdiction Limitation Period

Case Brief

Summary, issues, holding and outcome

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Parties

Miroslaw Cich

Claimant

Campbell Catering (NI) Ltd T/a Aramark

Respondent

Procedural Posture

Industrial Tribunal / Final Decision

Legal Issues

  1. 1 Whether the claimant was unlawfully discriminated against on the ground of race under the Race Relations (Northern Ireland) Order 1997
  2. 2 Whether the claim relating to dismissal was out of time and if it was just and equitable to extend time

Ratio Decidendi

The claim regarding dismissal was out of time and it was not just and equitable to extend time; the remaining claims of race discrimination were not substantiated on the evidence.

Court Disposition

Claims dismissed

Orders

  • The claim of unlawful discrimination by dismissal is dismissed for want of jurisdiction as it was out of time and not just and equitable to extend time.
  • The remaining claims of unlawful race discrimination are dismissed on their merits.