Tomaszewski v Murphy & Anor [2008] NIIT 866_07IT (04 January 2008)

Tomaszewski v Murphy & Anor [2008] NIIT 866_07IT (04 January 2008)

The claims of discrimination and breach of Working Time Regulations were in time as they related to treatment during employment; the unpaid wages claim was dismissed as the claimant admitted all overtime had been paid.

Citation
[2008] NIIT 866_07IT
Parties
Claimant: Slawomir Tomaszewski; Respondent: Sean Murphy; Respondent: Bridge Mushrooms Ltd
Jurisdiction
Northern Ireland
Judgment Date
04 January 2008
Procedural Posture
Industrial Tribunal / Pre Hearing Review
Outcome
Partially allowed and partially dismissed
Legal Topics
Race Discrimination, Unpaid Wages, Working Time Regulations, Limitation Period
Employment Law Discrimination Law Race Discrimination Unpaid Wages Working Time Regulations Limitation Period

Case Brief

Summary, issues, holding and outcome

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Parties

Slawomir Tomaszewski

Claimant

Sean Murphy

Respondent

Bridge Mushrooms Ltd

Respondent

Procedural Posture

Industrial Tribunal / Pre Hearing Review

Legal Issues

  1. 1 Whether the claims of discrimination and breach of Working Time Regulations were lodged in time
  2. 2 Whether the claim for unpaid wages is valid

Ratio Decidendi

The claims of discrimination and breach of Working Time Regulations were in time as they related to treatment during employment; the unpaid wages claim was dismissed as the claimant admitted all overtime had been paid.

Court Disposition

Partially allowed and partially dismissed

Orders

  • Claims of discrimination and breach of Working Time Regulations allowed to proceed as in time
  • Claim for unpaid wages dismissed