Tomas & Ors v JSD Recruitment Services & Ors [2005] NIIT 2470_01 (17 October 2005)

Tomas & Ors v JSD Recruitment Services & Ors [2005] NIIT 2470_01 (17 October 2005)

The claimants were subjected to less favourable treatment in pay, conditions, and workplace dignity compared to Northern Ireland workers, solely because of their Portuguese race, constituting direct discrimination under the Race Relations (Northern Ireland) Order 1997. The respondents' conduct was highhanded and oppressive, justifying awards for injury to feelings and aggravated damages.

Citation
[2005] NIIT 2470_01
Parties
Claimant: Antonio Miguel Alves Tomas; Claimant: Paulo Sousa; Claimant: Jorge Vieira; Claimant: Claudenis De Cruz; Respondent: JSD Recruitment Services; Respondent: Jim Devlin, T/A JSD Recruitment Services; Respondent: Dungannon Meats PLC
Jurisdiction
Northern Ireland
Judgment Date
17 October 2005
Procedural Posture
Industrial Tribunal (race Discrimination) / Final Judgment After Full Hearing
Outcome
Claims of race discrimination upheld against the second-named respondent; claims for breach of contract and unlawful deduction from wages withdrawn and dismissed; awards made for injury to feelings and interest; costs awarded against the second-named respondent.
Legal Topics
Race Discrimination, Direct Discrimination, Employment Agencies, Injury to Feelings, Aggravated Damages, Unlawful Deductions From Wages, Holiday Pay, Restrictive Covenants
Employment Law Equality Law Race Discrimination Direct Discrimination Employment Agencies Injury to Feelings Aggravated Damages Unlawful Deductions From Wages +2 more

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Parties

Antonio Miguel Alves Tomas

Claimant

Paulo Sousa

Claimant

Jorge Vieira

Claimant

Claudenis De Cruz

Claimant

JSD Recruitment Services

Respondent

Jim Devlin, T/A JSD Recruitment Services

Respondent

Dungannon Meats PLC

Respondent

Procedural Posture

Industrial Tribunal (race Discrimination) / Final Judgment After Full Hearing

Legal Issues

  1. 1 Whether the claimants were subjected to direct race discrimination by the respondent(s) contrary to the Race Relations (Northern Ireland) Order 1997
  2. 2 Whether the claimants were entitled to compensation for injury to feelings and aggravated damages
  3. 3 Whether the respondents' conduct justified an award of costs

Ratio Decidendi

The claimants were subjected to less favourable treatment in pay, conditions, and workplace dignity compared to Northern Ireland workers, solely because of their Portuguese race, constituting direct discrimination under the Race Relations (Northern Ireland) Order 1997. The respondents' conduct was highhanded and oppressive, justifying awards for injury to feelings and aggravated damages.

Court Disposition

Claims of race discrimination upheld against the second-named respondent; claims for breach of contract and unlawful deduction from wages withdrawn and dismissed; awards made for injury to feelings and interest; costs awarded against the second-named respondent.

Orders

  • Second and fourth-named claimants awarded £20,000 each for injury to feelings (including aggravated damages)
  • Third-named claimant awarded £30,000 for injury to feelings (including aggravated damages)