Gutulan v F G Wilson (Engineering) Ltd [2011] NIIT 01777_10IT (21 April 2011)

Gutulan v F G Wilson (Engineering) Ltd [2011] NIIT 01777_10IT (21 April 2011)

The claimant failed to provide sufficient or credible evidence of racial or sexual orientation discrimination, harassment, or breach of contract. The respondent's investigations were thorough and reasonable, and no inference of unlawful discrimination could be drawn. The conduct of the respondent did not amount to a breach of contract or constructive dismissal.

Citation
[2011] NIIT 01777_10IT
Parties
Claimant: Michael Gutulan; Respondent: F G Wilson (Engineering) Ltd
Jurisdiction
Northern Ireland
Judgment Date
21 April 2011
Procedural Posture
Industrial Tribunal / Final Decision
Outcome
Claims dismissed
Legal Topics
Unfair Dismissal, Race Discrimination, Sexual Orientation Discrimination, Victimisation, Breach of Contract
Employment Law Discrimination Law Unfair Dismissal Race Discrimination Sexual Orientation Discrimination Victimisation Breach of Contract

Case Brief

Summary, issues, holding and outcome

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Parties

Michael Gutulan

Claimant

F G Wilson (Engineering) Ltd

Respondent

Procedural Posture

Industrial Tribunal / Final Decision

Legal Issues

  1. 1 Whether the claimant was discriminated against on grounds of race
  2. 2 Whether the claimant was victimised
  3. 3 Whether the claimant suffered breach of contract

Ratio Decidendi

The claimant failed to provide sufficient or credible evidence of racial or sexual orientation discrimination, harassment, or breach of contract. The respondent's investigations were thorough and reasonable, and no inference of unlawful discrimination could be drawn. The conduct of the respondent did not amount to a breach of contract or constructive dismissal.

Court Disposition

Claims dismissed