De Oliveira v Zio Mediterranean Ltd.... [2017] NIIT 01334_15IT (27 September 2017)

De Oliveira v Zio Mediterranean Ltd.... [2017] NIIT 01334_15IT (27 September 2017)

The claimant failed to provide sufficient evidence of race discrimination or harassment, and the tribunal found no persuasive evidence of less favourable treatment on racial grounds. The only proven breaches were non-payment of statutory sick pay and holiday pay, which constituted breaches of contract but were not the reason for resignation, so the constructive dismissal claim failed. The claimant was entitled to unpaid holiday pay and statutory sick pay, but all other claims were dismissed.

Citation
[2017] NIIT 01334_15IT
Parties
Claimant: Rui Óscar Barato De Oliveira; Respondent: Zio Mediterranean Ltd; Respondent: Dritor Mula; Respondent: Paulius Regina; Respondent: Sharon Mula
Jurisdiction
Northern Ireland
Judgment Date
27 September 2017
Procedural Posture
Industrial Tribunal / Final Decision
Outcome
Partially allowed
Legal Topics
Race Discrimination, Racial Harassment, Constructive Dismissal, Unlawful Deduction From Wages, Holiday Pay, Statutory Sick Pay, Breach of Contract
Employment Law Discrimination Law Race Discrimination Racial Harassment Constructive Dismissal Unlawful Deduction From Wages Holiday Pay Statutory Sick Pay +1 more

Case Brief

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Parties

Rui Óscar Barato De Oliveira

Claimant

Zio Mediterranean Ltd

Respondent

Dritor Mula

Respondent

Paulius Regina

Respondent

Sharon Mula

Respondent

Procedural Posture

Industrial Tribunal / Final Decision

Legal Issues

  1. 1 Whether the claimant was discriminated against on the grounds of race
  2. 2 Whether the claimant was subjected to racial harassment
  3. 3 Whether the claimant was unfairly dismissed (constructive dismissal)

Ratio Decidendi

The claimant failed to provide sufficient evidence of race discrimination or harassment, and the tribunal found no persuasive evidence of less favourable treatment on racial grounds. The only proven breaches were non-payment of statutory sick pay and holiday pay, which constituted breaches of contract but were not the reason for resignation, so the constructive dismissal claim failed. The claimant was entitled to unpaid holiday pay and statutory sick pay, but all other claims were dismissed.

Court Disposition

Partially allowed

Orders

  • Claim for race discrimination, racial harassment, and constructive dismissal dismissed against all respondents.
  • Claim for unlawful deduction of holiday pay and statutory sick pay succeeds against first respondent.