Dinkov v Tommy McKeating [2016] NIIT 02722_15IT (05 July 2016)

Dinkov v Tommy McKeating [2016] NIIT 02722_15IT (05 July 2016)

The claimant failed to prove facts from which the tribunal could conclude, absent an adequate explanation, that unlawful discrimination on racial grounds occurred. The claimant was not dismissed but left employment voluntarily due to lack of experience. The tribunal lacked jurisdiction for unfair dismissal due to...

Source-derived case information.

Citation
[2016] NIIT 02722_15IT
Parties
Claimant: Anton Venelinov Dinkov; Respondent: Tommy McKeating
Jurisdiction
Northern Ireland
Judgment Date
05 July 2016
Procedural Posture
Industrial Tribunal / Final Decision With Written Reasons
Outcome
Claimant's claims of unfair dismissal and unlawful discrimination on racial grounds dismissed. Respondent ordered to pay £54.60 in respect of wages owed.
Legal Topics
Unfair Dismissal, Racial Discrimination, Unlawful Deduction From Wages, Breach of Contract
Employment Law Discrimination Law Unfair Dismissal Racial Discrimination Unlawful Deduction From Wages Breach of Contract

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 15 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Anton Venelinov Dinkov

Claimant

Tommy McKeating

Respondent

Procedural Posture

Industrial Tribunal / Final Decision With Written Reasons

Legal Issues

  1. 1 Whether the claimant was unlawfully discriminated against on racial grounds
  2. 2 Whether the claimant was dismissed and, if so, whether the dismissal was unfair
  3. 3 Whether the claimant is due amounts for breach of contract and unlawful deduction from wages

Ratio Decidendi

The claimant failed to prove facts from which the tribunal could conclude, absent an adequate explanation, that unlawful discrimination on racial grounds occurred. The claimant was not dismissed but left employment voluntarily due to lack of experience. The tribunal lacked jurisdiction for unfair dismissal due to insufficient length of service. The only sum owed was £54.60 in unpaid wages.

Court Disposition

Claimant's claims of unfair dismissal and unlawful discrimination on racial grounds dismissed. Respondent ordered to pay £54.60 in respect of wages owed.

Orders

  • Claimant's claims of unfair dismissal and unlawful discrimination on racial grounds are dismissed.
  • Respondent is ordered to pay £54.60 to the claimant in respect of wages owed.