Abegaze v. Belesario & Anor [2000] UKEAT 57_00_1304 (13 April 2000)

Abegaze v. Belesario & Anor [2000] UKEAT 57_00_1304 (13 April 2000)

The Tribunal's exercise of discretion in granting extension of time for Notice of Appearance, refusing witness summons, and declining transfer of venue was within legal parameters and justified by the facts; no error of law or procedural unfairness was established.

Citation
[2000] UKEAT 57_00_1304
Parties
Appellant: Dr Abegaze; Respondent: Advance International Group Ltd; Respondent: Mr Belesario
Jurisdiction
United Kingdom
Judgment Date
13 April 2000
Procedural Posture
Employment Appeal / Appeal From Employment Tribunal Interlocutory Decision
Outcome
Appeal dismissed
Legal Topics
Extension of Time, Notice of Appearance, Witness Summons, Transfer of Venue, Racial Discrimination, Procedural Discretion
Employment Law Discrimination Law Civil Procedure Extension of Time Notice of Appearance Witness Summons Transfer of Venue Racial Discrimination +1 more

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Parties

Dr Abegaze

Appellant

Advance International Group Ltd

Respondent

Mr Belesario

Respondent

Procedural Posture

Employment Appeal / Appeal From Employment Tribunal Interlocutory Decision

Legal Issues

  1. 1 Whether the Employment Tribunal erred in granting an extension of time for Notice of Appearance to Respondents
  2. 2 Whether the Tribunal erred in refusing a witness summons for Mr Belesario
  3. 3 Whether the Tribunal erred in refusing to transfer the hearing to London due to alleged racial bias

Ratio Decidendi

The Tribunal's exercise of discretion in granting extension of time for Notice of Appearance, refusing witness summons, and declining transfer of venue was within legal parameters and justified by the facts; no error of law or procedural unfairness was established.

Court Disposition

Appeal dismissed

Orders

  • Extension of time for Notice of Appearance upheld
  • Refusal of witness summons for Mr Belesario upheld