Voveryte v Jacqueline Chivers [2010] NIIT 260_10IT (22 June 2010)

Voveryte v Jacqueline Chivers [2010] NIIT 260_10IT (22 June 2010)

The claimant was dismissed without notice, not paid for three weeks' work, and suffered race discrimination in dismissal. The respondent wholly failed to comply with statutory grievance and dismissal procedures, warranting maximum uplifts. The claimant proved facts supporting race discrimination, and the respondent failed to provide any explanation. Compensation was awarded for loss of earnings and injury to feelings, uplifted for procedural failures.

Citation
[2010] NIIT 260_10IT
Parties
Claimant: Sigita Voveryte; Respondent: Jacqueline Chivers
Jurisdiction
Northern Ireland
Judgment Date
22 June 2010
Procedural Posture
Industrial Tribunal / Final Judgment
Outcome
Claim upheld
Legal Topics
Notice Pay, Unpaid Wages, Race Discrimination, Statutory Grievance Procedure, Statutory Dismissal Procedure
Employment Law Equality Law Notice Pay Unpaid Wages Race Discrimination Statutory Grievance Procedure Statutory Dismissal Procedure

Case Brief

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Parties

Sigita Voveryte

Claimant

Jacqueline Chivers

Respondent

Procedural Posture

Industrial Tribunal / Final Judgment

Legal Issues

  1. 1 Whether the respondent failed to provide required notice or pay in lieu of notice
  2. 2 Whether the respondent failed to pay wages properly due
  3. 3 Whether the dismissal was discriminatory on grounds of race

Ratio Decidendi

The claimant was dismissed without notice, not paid for three weeks' work, and suffered race discrimination in dismissal. The respondent wholly failed to comply with statutory grievance and dismissal procedures, warranting maximum uplifts. The claimant proved facts supporting race discrimination, and the respondent failed to provide any explanation. Compensation was awarded for loss of earnings and injury to feelings, uplifted for procedural failures.

Court Disposition

Claim upheld

Orders

  • Respondent ordered to pay claimant £7,619.45