Okotete v Pizza Express Limited Liam Whiteway Matt Whiteway Szilvester Kurcz [2013] NIIT 00483_11IT (01 March 2013)

Okotete v Pizza Express Limited Liam Whiteway Matt Whiteway Szilvester Kurcz [2013] NIIT 00483_11IT (01 March 2013)

The tribunal erred in excluding the 'teeth incident' from consideration on jurisdictional grounds, as the respondents did not properly raise the jurisdictional objection in pleadings or by amendment. The incident, a racially inappropriate comment by the fourth respondent, constituted a one-off act of racial harassment for which the claimant was entitled to compensation for hurt feelings. However, the evidence did not support a finding of a wider campaign of racial harassment or discrimination, and no economic loss was established.

Citation
[2013] NIIT 00483_11IT
Parties
Claimant: Rita Okotete; First Respondent: Pizza Express Limited; Second Respondent: Liam Whiteway; Third Respondent: Matt Whiteway; Fourth Respondent: Szilveszter Kurcz
Jurisdiction
Northern Ireland
Judgment Date
01 March 2013
Procedural Posture
Employment Discrimination (industrial Tribunal) / Application for Review of Tribunal Decision
Outcome
application for review granted in part
Legal Topics
Racial Harassment, Jurisdiction of Tribunal, Review of Tribunal Decision, Damages for Hurt Feelings
Employment Law Discrimination Law Racial Harassment Jurisdiction of Tribunal Review of Tribunal Decision Damages for Hurt Feelings

Case Brief

Summary, issues, holding and outcome

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Parties

Rita Okotete

Claimant

Pizza Express Limited

First Respondent

Liam Whiteway

Second Respondent

Matt Whiteway

Third Respondent

Szilveszter Kurcz

Fourth Respondent

Procedural Posture

Employment Discrimination (industrial Tribunal) / Application for Review of Tribunal Decision

Legal Issues

  1. 1 Whether the tribunal erred in excluding the 'teeth incident' from consideration due to jurisdictional grounds
  2. 2 Whether the claimant was subjected to racial harassment contrary to Article 4A of the Race Relations (Northern Ireland) Order 1997
  3. 3 Whether the interests of justice required a review of the original decision

Ratio Decidendi

The tribunal erred in excluding the 'teeth incident' from consideration on jurisdictional grounds, as the respondents did not properly raise the jurisdictional objection in pleadings or by amendment. The incident, a racially inappropriate comment by the fourth respondent, constituted a one-off act of racial harassment for which the claimant was entitled to compensation for hurt feelings. However, the evidence did not support a finding of a wider campaign of racial harassment or discrimination, and no economic loss was established.

Court Disposition

application for review granted in part

Orders

  • The original decision is varied to include that the claimant is entitled to £2,500.00 as damages for hurt feelings and £248.77 as interest thereon, payable by the first respondent.