McKinstry v Moy Park LimitedGary MaxwellBrian Johnstone [2016] NIIT 01725_13IT (28 November 2016)

McKinstry v Moy Park LimitedGary MaxwellBrian Johnstone [2016] NIIT 01725_13IT (28 November 2016)

The claimant acted unreasonably and vexatiously in bringing and conducting the proceedings, including gross dishonesty and manipulation of facts, warranting an award of costs against him.

Citation
[2016] NIIT 01725_13IT
Parties
Claimant: Philip McKinstry; Respondent: Moy Park Limited; Respondent: Gary Maxwell; Respondent: Brian Johnstone
Jurisdiction
Northern Ireland
Judgment Date
28 November 2016
Procedural Posture
Industrial Tribunal / Costs Hearing Following Dismissal of Substantive Claims
Outcome
Costs awarded against claimant
Legal Topics
Disability Discrimination, Harassment, Costs in Employment Tribunal, Working Time Regulations
Employment Law Discrimination Law Disability Discrimination Harassment Costs in Employment Tribunal Working Time Regulations

Case Brief

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Parties

Philip McKinstry

Claimant

Moy Park Limited

Respondent

Gary Maxwell

Respondent

Brian Johnstone

Respondent

Procedural Posture

Industrial Tribunal / Costs Hearing Following Dismissal of Substantive Claims

Legal Issues

  1. 1 Whether claimant acted unreasonably or vexatiously in bringing and conducting proceedings
  2. 2 Whether costs should be awarded against claimant

Ratio Decidendi

The claimant acted unreasonably and vexatiously in bringing and conducting the proceedings, including gross dishonesty and manipulation of facts, warranting an award of costs against him.

Court Disposition

Costs awarded against claimant

Orders

  • Claimant to pay respondents £1,800.00 in respect of costs incurred in defending proceedings