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Industrial Tribunals Northern Ireland Decisions
You are here: BAILII >> Databases >> Industrial Tribunals Northern Ireland Decisions >> Crilly v Ballymagroarty Hazelbank Commu... [2012] NIIT 00242_11IT (19 April 2012)
URL: http://www.bailii.org/nie/cases/NIIT/2012/00242_11IT.html
Cite as: [2012] NIIT 242_11IT, [2012] NIIT 00242_11IT
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THE INDUSTRIAL TRIBUNALS
CASE REF: 242/11
CLAIMANT: Nuala Crilly
RESPONDENT: Ballymagroarty Hazelbank Community Partnership
DECISION UPON REVIEW
The decision of the tribunal is that the compensation awarded to the claimant for indirect discrimination in the decision of 31 October 2011 is varied so that the compensation awarded is the sum of £11,677.
Constitution of Tribunal:
Chairman: Mrs Ó Murray
Members: Ms M Galloway
Mr J Boyd
Reasons
1. By virtue of a decision promulgated on 31 October 2011 the claimant was awarded the sum of £14,677 in respect of compensation for unlawful indirect discrimination.
2. By letter of 11 November 2011 the respondent’s representative requested a review of the decision on the grounds that new evidence had become available since the conclusion of the hearing and on the grounds that the interests of justice required such a review.
3. The Chairman conducted a preliminary consideration of the application for review under Rule 35 of the Industrial Tribunals (Rules of Procedure) Regulations (Northern Ireland) 2005 and directed that a review hearing be arranged.
4. The parties reached agreement in advance of the hearing that the claimant’s compensation be reduced by £3,000.
5. On 15 March 2012, at a Case Management Discussion arranged by the Chairman under Rule 10, the parties’ representatives drew up the proposed variation of the decision and agreed that the decision should be varied to reflect the agreement reached between them.
6. In accordance with the parties’ agreement, the tribunal therefore varies paragraphs 67 and 68 of the decision of 31 October 2011 so that they now read as follows:
“67. The claimant claimed future loss for the period from 7 September 2011 to 31 March 2012 (the end of the contract). Since the date of the decision the claimant has secured a post with North West Community Network as a PESP Officer commencing on 24 October 2011. Her claim for future loss is for the period 7 September to 24 October 2011.
68. The figure agreed for future loss is £2,389.36.
Actual loss and future loss is £11,840.36.
50% x £11,840.36 = £5,920.18
Injury to feelings £5,000.00
Interest £ 757.00
________
TOTAL £11,677.00”
7. The decision paragraph on page 1 of the decision and the summary paragraph 69 are amended accordingly.
Chairman:
Dated: April 2012
Date decision recorded in register and issued to parties: