De Oliveira v Zio Mediterranean Limited [2016] NIIT 01334_15IT (08 February 2016)

De Oliveira v Zio Mediterranean Limited [2016] NIIT 01334_15IT (08 February 2016)

There was no evidential basis to conclude the claimant was aware of his right to bring a claim before the relevant dates; the period between knowledge and lodging the claim was not excessive; the tribunal's original exercise of discretion to extend time was correct.

Source-derived case information.

Citation
[2016] NIIT 01334_15IT
Parties
Claimant: Rui Óscar Barato De Oliveira; Respondent: Zio Mediterranean Limited; Respondent: Dritor Mula; Respondent: Paulius Regina; Respondent: Sharon Mula
Jurisdiction
Northern Ireland
Judgment Date
08 February 2016
Procedural Posture
Industrial Tribunal Review Application / Application for Review of Pre Hearing Decision on Time Limits
Outcome
Respondents' application for review dismissed
Legal Topics
Extension of Time, Race Discrimination, Unlawful Deduction From Wages, Non Payment of Holiday Pay, Arrears of Pay, Breach of Contract, Review of Tribunal Decision
Employment Law Extension of Time Race Discrimination Unlawful Deduction From Wages Non Payment of Holiday Pay Arrears of Pay Breach of Contract Review of Tribunal Decision

Source-derived case record

Summary, issues, holding and outcome

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Parties

Rui Óscar Barato De Oliveira

Claimant

Zio Mediterranean Limited

Respondent

Dritor Mula

Respondent

Paulius Regina

Respondent

Sharon Mula

Respondent

Procedural Posture

Industrial Tribunal Review Application / Application for Review of Pre Hearing Decision on Time Limits

Legal Issues

  1. 1 Whether the tribunal erred in exercising discretion to extend time for the claimant's claims
  2. 2 Whether the claimant was aware of his right to bring a claim prior to the relevant dates
  3. 3 Whether the period between knowledge and lodging the claim was excessive

Ratio Decidendi

There was no evidential basis to conclude the claimant was aware of his right to bring a claim before the relevant dates; the period between knowledge and lodging the claim was not excessive; the tribunal's original exercise of discretion to extend time was correct.

Court Disposition

Respondents' application for review dismissed

Orders

  • The respondents’ application for a review is dismissed.
  • The claim will be listed for a full hearing.