Cushnan v Norbrook Laboratories Ltd [2013] NIIT 00215_13IT (08 October 2013)

Cushnan v Norbrook Laboratories Ltd [2013] NIIT 00215_13IT (08 October 2013)

The tribunal has no jurisdiction to hear claims of associative indirect disability discrimination or claims for failure to make reasonable adjustments to accommodate a person associated with a disabled person, as neither the domestic legislation nor the Directive extends protection to such claims. The wording of both is clear and does not require purposive interpretation or reference to the UN Convention.

Citation
[2013] NIIT 00215_13IT
Parties
Claimant: Sandra Cushnan; Respondent: Norbrook Laboratories Ltd
Jurisdiction
Northern Ireland
Judgment Date
08 October 2013
Procedural Posture
Industrial Tribunal (pre Hearing Review) / Jurisdictional Preliminary Hearing
Outcome
Claims dismissed for want of jurisdiction
Legal Topics
Disability Discrimination, Associative Discrimination, Indirect Discrimination, Reasonable Adjustments, Jurisdiction, Interpretation of EU Directives
Employment Law Discrimination Law Disability Discrimination Associative Discrimination Indirect Discrimination Reasonable Adjustments Jurisdiction Interpretation of EU Directives

Case Brief

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Parties

Sandra Cushnan

Claimant

Norbrook Laboratories Ltd

Respondent

Procedural Posture

Industrial Tribunal (pre Hearing Review) / Jurisdictional Preliminary Hearing

Legal Issues

  1. 1 Whether the tribunal has jurisdiction to entertain a claim of associative indirect disability discrimination under the Disability Discrimination Act 1995 or Council Directive 2000/78
  2. 2 Whether the tribunal has jurisdiction to entertain a claim for failure to make reasonable adjustments to accommodate a person associated with a disabled person

Ratio Decidendi

The tribunal has no jurisdiction to hear claims of associative indirect disability discrimination or claims for failure to make reasonable adjustments to accommodate a person associated with a disabled person, as neither the domestic legislation nor the Directive extends protection to such claims. The wording of both is clear and does not require purposive interpretation or reference to the UN Convention.

Court Disposition

Claims dismissed for want of jurisdiction

Orders

  • The claims of associative indirect disability discrimination and failure to make reasonable adjustments to accommodate a person associated with a disabled person are dismissed for want of jurisdiction.