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Industrial Tribunals Northern Ireland Decisions
You are here: BAILII >> Databases >> Industrial Tribunals Northern Ireland Decisions >> Okotete v Ladbury Enterprises Ltd t/a Pi... Elaine Smith Paul Crosby Erin McCarley [2012] NIIT 01293_11IT (30 January 0 2012)
URL: http://www.bailii.org/nie/cases/NIIT/2012/1293_11IT.html
Cite as: [2012] NIIT 1293_11IT, [2012] NIIT 01293_11IT
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THE INDUSTRIAL TRIBUNALS
CASE REF: 1293/11
CLAIMANT: Rita Okotete
RESPONDENTS: 1. Ladbury Enterprises Ltd t/a Pizza Hut
(in administration)
2. Elaine Smith
3. Paul Crosby
4. Erin McCarley
DECISION
The unanimous decision of the tribunal is that the claimant’s claims in respect of discrimination on the ground of race and unlawful deduction from wages be dismissed.
Constitution of Tribunal:
Chairman: Mr D Buchanan
Members: Mr J Boyd
Mr R Hanna
Appearances:
The claimant appeared in person and was not represented.
The liquidator of the first-named respondent and the fourth-named respondent, Ms McCarley, had both written to the tribunal stating that they would not be attending the hearing.
The second and third-named respondents, Ms Smith and Mr Crosby, appeared in person.
1. The claimant has brought claims of race discrimination and unlawful deductions from wages against the first-named respondent, and claims of race discrimination against the second, third and fourth-named respondents.
2(i) The case has been going on for some time. It was previously listed for hearing from 23 April 2012 – 4 May 2012, but was taken from the list, and it has spawned much paper and documentation, mostly generated by the claimant.
(ii) It came before the tribunal on 29 October 2012, for a four day listing.
3(i) At the outset of the case, the claimant queried the absence of the fourth-named respondent, Ms McCarley, who had previously indicated that she would not be attending. The tribunal explained to the claimant that generally speaking a civil court or tribunal could not compel the attendance of a party. The claimant continued to query this, despite the tribunal’s explanation.
(ii) The tribunal refused an application for discovery by the claimant, on the grounds that the documents sought were not relevant to an issue before it.
4(i) The claimant indicated that she wanted to take advice on these matters, and sought a postponement. The tribunal refused this application, as the claimant conceded that she had been ready to proceed at the previous hearing on 23 April 2012, and stated to us on two occasions that she was ready and able to proceed with her evidence before us.
(ii) She then said she proposed to leave to obtain advice. It was reiterated to her that her application for a postponement had been refused and that if she left the case would proceed in her absence.
(iii) She left the hearing.
5(i) The tribunal dismissed the claimant’s claims.
(ii) Before doing so it had regard to her claim form and the contents of documents she had submitted.
(iii) It heard evidence from Ms Smith, and from Mr Crosby, who was the first-named respondent’s Area Manager. From the latter’s evidence it appears to us that there were performance issues with the claimant’s work, that when these were addressed she became aggressive with colleagues, and that this is the explanation for her difficulties at work.
(iv) For the avoidance of doubt, we state that in reaching our decision we kept in mind Article 52A of the Race Relations (Northern Ireland) Order 1997, as amended, together with the authorities on the shifting of the burden of proof. We saw no evidence from which we could infer unlawful discrimination on the ground of race.
(v) There was no evidence of any unlawful deductions from the claimant’s wages. In any event, in her initial remarks before us, she was somewhat vague as to whether or not she was pursuing such a claim.
Chairman:
Date and place of hearing: 29 October 2012, Belfast
Date decision recorded in register and issued to parties: