Ozsanlav v. Swift Group Ltd [2001] UKEAT 0745_01_0211 (2 November 2001)
The appeal is dismissed because the grounds raised concern only errors of fact, not errors of law, and the Tribunal has no jurisdiction to re-try facts.
Source-derived case information.
- Citation
- [2001] UKEAT 0745_01_0211
- Parties
- Appellant: Mr Ozsanlav
- Jurisdiction
- United Kingdom
- Judgment Date
- 02 November 2001
- Procedural Posture
- Employment Appeal / Preliminary Ex Parte Hearing
- Outcome
- Appeal dismissed
- Legal Topics
- Appeal on Point of Law, Tribunal Error, Jurisdiction of Employment Appeal Tribunal
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mr Ozsanlav
Appellant
Procedural Posture
Employment Appeal / Preliminary Ex Parte Hearing
Legal Issues
- 1 Whether the Employment Tribunal made an error of law
Ratio Decidendi
The appeal is dismissed because the grounds raised concern only errors of fact, not errors of law, and the Tribunal has no jurisdiction to re-try facts.
Court Disposition
Appeal dismissed
Full Case Text
Judgment text and source record
1 paragraphs
JUDGMENT PRELIMINARY HEARING EX PARTE © Copyright 2001 APPEARANCES For the Appellant MR G OZSANLAV (The Appellant in person) HIS HONOUR JUDGE J R REID QC This is an appeal by Mr Ozsanlav against a decision of an Employment Tribunal sitting at Hull on 17 April 2001. At this stage we are considering the matter on a Preliminary Ex Parte application to see whether the case should go for a Full Hearing. Mr Ozsanlav has represented himself here this morning and has very succinctly put the points which he wishes to make and which he says show errors by the Employment Tribunal. The problem that Mr Ozsanlav faces is that what he wishes to say is that the Tribunal made errors of fact. He suggests that they misunderstood certain of the evidence, and that they made inaccurate findings as to the extent by which his wages might be reduced if the new system of working came in. He suggests that certain of the witnesses called on behalf of the employer below did not tell the truth in all respects. Unfortunately for him nothing that he says indicates that there is any point of law in anything which he wishes to raise. As he now appreciates, the powers of the Employment Appeal Tribunal are limited to dealing with errors of law on the part of an Employment Tribunal and that the Employment Appeal Tribunal does not have a power simply to re-try the facts of a case. In the circumstances it seems to us that there is no basis on which we could direct that the matter should go for a Full Hearing and the appeal should be dismissed at this stage. BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII