Industrial Tribunals Northern Ireland Decisions

 
THE INDUSTRIAL TRIBUNALS

CASE REF: 866/07

CLAIMANT: Slawomir Tomaszewski

RESPONDENT: 1. Sean Murphy

2. Bridge Mushrooms Ltd

DECISION ON A PRE-HEARING REVIEW

The decision of the tribunal is that the claims of discrimination contrary to the Race Relations (Northern Ireland) Order 1997 and the claim in respect of the Working Time Regulations (Northern Ireland) Order 1998 are in time. The claim in respect of unpaid wages is dismissed.

Constitution of Tribunal:

Chairman (Sitting Alone): Mrs Wilson

Appearances:

The claimant appeared in person representing himself.

The respondent was represented by Ms Best (BL) instructed by Rosemary Connolly Solicitors.

The claimant is Polish with limited fluency in the English Language. Consequently, these proceedings were facilitated by an interpreter, Ms Schmit.

ISSUES :

1. The claimant claims arrears of pay outstanding since the termination of his employment on the 15^th December 2006.

2. The claimant alleges discrimination contrary to the Race Relations (Northern Ireland) Order 1997 during the course of employment. His allegation includes an allegation that he was paid a lower rate of pay than his colleagues for reasons relating to his race.

3. The claimant alleges a breach of the Working Time Regulations (Northern Ireland) 1998 in respect of entitlement to paid annual leave.

4. The claimant's employment terminated on the 15 December 2006.

5. The claimant raised a grievance with the respondent on the 19 February 2007. The claimant subsequently lodged his complaint with an Industrial Tribunal on the 24 April 2007.

TRIBUNALS CONCLUSIONS:

1. Following the claimants evidence it was accepted by Ms Best, on behalf of the respondent that the claimants claims in respect of discrimination contrary to the Race Relations (Northern Ireland) Order 1997 and in respect of a breach of the Working Time Regulations (Northern Ireland) 1998 related to treatment the claimant alleged occurred during the course of his employment and consequently based on the dates recited above these claims are on time.

2. Following the claimant's admission during the course of his evidence that payment for all overtime due to him during the course of his employment was paid, the claim in so far as it relates to unpaid wages is dismissed.

Chairman:

Date and place of hearing: 12 October 2007, Belfast

Date decision recorded in register and issued to parties: