Kemmeni v The Morse Group Ltd & Ors [2003] UKEAT 0520_02_2802 (28 February 2003)

Kemmeni v The Morse Group Ltd & Ors [2003] UKEAT 0520_02_2802 (28 February 2003)

The Tribunal's findings on commission and discrimination were supported by sufficient evidence and reasoning, but the Applicant was denied procedural fairness regarding costs submissions, requiring the matter to be remitted for proper consideration.

Citation
[2003] UKEAT 0520_02_2802
Parties
Appellant: Applicant; Respondents: Morse Computers, Mr Lewis, Mr Carroll
Jurisdiction
United Kingdom
Judgment Date
28 February 2003
Procedural Posture
Employment Appeal / Appeal From Employment Tribunal Decision
Outcome
Appeal allowed in part; remitted to Employment Tribunal for reconsideration of costs against First Respondent; individual Respondents dismissed from proceedings.
Legal Topics
Costs, Grievance Procedure, Commission Entitlement, Race Discrimination, Unfair Dismissal
Employment Law Discrimination Law Costs Grievance Procedure Commission Entitlement Race Discrimination Unfair Dismissal

Case Brief

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Parties

Applicant

Appellant

Morse Computers, Mr Lewis, Mr Carroll

Respondents

Procedural Posture

Employment Appeal / Appeal From Employment Tribunal Decision

Legal Issues

  1. 1 Whether the Employment Tribunal made sufficient findings of fact to justify its decision
  2. 2 Whether the Applicant was entitled to commission on the Boo.com contract
  3. 3 Whether the Applicant was unfairly dismissed or discriminated against

Ratio Decidendi

The Tribunal's findings on commission and discrimination were supported by sufficient evidence and reasoning, but the Applicant was denied procedural fairness regarding costs submissions, requiring the matter to be remitted for proper consideration.

Court Disposition

Appeal allowed in part; remitted to Employment Tribunal for reconsideration of costs against First Respondent; individual Respondents dismissed from proceedings.

Orders

  • Matter remitted to Employment Tribunal for Applicant to comment on costs award.
  • Individual Respondents dismissed from proceedings.