Zielinski v McShane Packaging Ltd [2014] NIIT 1960_13IT (15 May 2014)

Zielinski v McShane Packaging Ltd [2014] NIIT 1960_13IT (15 May 2014)

The proposed amendments for unlawful deduction from wages, breach of contract, and racial harassment fall within the second category of amendments as they arise from facts already pleaded. The hardship to the claimant if leave is refused outweighs any hardship to the respondent. Even if racial harassment is a third category amendment, the delay is not inordinate and no prejudice to evidence or cooperation is shown. Leave to amend is granted.

Citation
[2014] NIIT 1960_13IT
Parties
Claimant: Andrej Zielinski; Respondent: McShane Packaging Ltd
Jurisdiction
Northern Ireland
Judgment Date
15 May 2014
Procedural Posture
Employment Tribunal / Pre Hearing Review
Outcome
leave to amend granted
Legal Topics
Amendment of Claim, Unlawful Deduction From Wages, Breach of Contract, Racial Harassment, Case Management
Employment Law Amendment of Claim Unlawful Deduction From Wages Breach of Contract Racial Harassment Case Management

Case Brief

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Parties

Andrej Zielinski

Claimant

McShane Packaging Ltd

Respondent

Procedural Posture

Employment Tribunal / Pre Hearing Review

Legal Issues

  1. 1 Whether the claimant should be granted leave to amend his claim to add claims for unlawful deduction from wages, breach of contract, and racial harassment

Ratio Decidendi

The proposed amendments for unlawful deduction from wages, breach of contract, and racial harassment fall within the second category of amendments as they arise from facts already pleaded. The hardship to the claimant if leave is refused outweighs any hardship to the respondent. Even if racial harassment is a third category amendment, the delay is not inordinate and no prejudice to evidence or cooperation is shown. Leave to amend is granted.

Court Disposition

leave to amend granted

Orders

  • Claimant granted leave to amend claim to include unlawful deduction from wages, breach of contract, and racial harassment.
  • Respondent may amend response by 16 May 2014.