Anakaa v FirstSource Solutions Ltd [2013] NIIT 1152_12IT (31 December 2013)

Anakaa v FirstSource Solutions Ltd [2013] NIIT 1152_12IT (31 December 2013)

The tribunal found no evidence of less favourable treatment or harassment on racial grounds, no evidence the claimant was disabled within the statutory definition, no failure to make reasonable adjustments, no unauthorised deduction from wages, no breach of contract, and no failure to provide itemised pay statements. The claimant's application for a permanent anonymity order was refused as there was insufficient justification to override the principle of open justice.

Citation
[2013] NIIT 1152_12IT
Parties
Claimant: Julius Ember Anakaa; Respondent: FirstSource Solutions Ltd
Jurisdiction
Northern Ireland
Judgment Date
31 December 2013
Procedural Posture
Industrial Tribunal / Final Judgment
Outcome
All claims dismissed; application for permanent anonymity order refused.
Legal Topics
Race Discrimination, Disability Discrimination, Unlawful Deduction From Wages, Breach of Contract, Failure to Provide Itemised Pay Statements, Restricted Reporting Orders, Anonymity Orders
Employment Law Equality Law Race Discrimination Disability Discrimination Unlawful Deduction From Wages Breach of Contract Failure to Provide Itemised Pay Statements Restricted Reporting Orders +1 more

Case Brief

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Parties

Julius Ember Anakaa

Claimant

FirstSource Solutions Ltd

Respondent

Procedural Posture

Industrial Tribunal / Final Judgment

Legal Issues

  1. 1 Whether the claimant was discriminated against on racial grounds contrary to Article 3(1)(a) of the Race Relations (Northern Ireland) Order 1997
  2. 2 Whether the claimant was harassed on grounds of his race contrary to Article 4(A) of the Race Relations (Northern Ireland) Order 1997
  3. 3 Whether the claimant was disabled for the purposes of the Disability Discrimination Act 1995

Ratio Decidendi

The tribunal found no evidence of less favourable treatment or harassment on racial grounds, no evidence the claimant was disabled within the statutory definition, no failure to make reasonable adjustments, no unauthorised deduction from wages, no breach of contract, and no failure to provide itemised pay statements. The claimant's application for a permanent anonymity order was refused as there was insufficient justification to override the principle of open justice.

Court Disposition

All claims dismissed; application for permanent anonymity order refused.

Orders

  • Claim of race discrimination dismissed.
  • Claim of racial harassment dismissed.