Marko v Sam Spain [2014] NIIT 216_14IT (22 October 2014)

Marko v Sam Spain [2014] NIIT 216_14IT (22 October 2014)

The tribunal dismissed the unfair dismissal claim for lack of jurisdiction due to insufficient continuous employment; dismissed discrimination and victimisation claims as out of time and not just and equitable to extend; dismissed timely race discrimination claim after hearing on merits.

Citation
[2014] NIIT 216_14IT
Parties
Claimant: Marian Marko; Respondent: Sam Spain; Respondent: Thornyhill Restaurant Two Ltd
Jurisdiction
Northern Ireland
Judgment Date
22 October 2014
Procedural Posture
Industrial Tribunal / Final Judgment
Outcome
All claims dismissed
Legal Topics
Unfair Dismissal, Sex Discrimination, Race Discrimination, Victimisation, Jurisdiction, Limitation Period
Employment Law Equality Law Unfair Dismissal Sex Discrimination Race Discrimination Victimisation Jurisdiction Limitation Period

Case Brief

Summary, issues, holding and outcome

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Parties

Marian Marko

Claimant

Sam Spain

Respondent

Thornyhill Restaurant Two Ltd

Respondent

Procedural Posture

Industrial Tribunal / Final Judgment

Legal Issues

  1. 1 Whether the claimant had the necessary period of continuous employment for unfair dismissal claim
  2. 2 Whether claims of sex discrimination, race discrimination, and victimisation were brought within the statutory time limits
  3. 3 Whether it was just and equitable to extend the time limit

Ratio Decidendi

The tribunal dismissed the unfair dismissal claim for lack of jurisdiction due to insufficient continuous employment; dismissed discrimination and victimisation claims as out of time and not just and equitable to extend; dismissed timely race discrimination claim after hearing on merits.

Court Disposition

All claims dismissed

Orders

  • Unfair dismissal claim dismissed for lack of jurisdiction
  • Sex discrimination, race discrimination, and victimisation claims dismissed as out of time