Industrial Tribunals Northern Ireland Decisions

THE INDUSTRIAL TRIBUNALS

CASE REF:   216/14

CLAIMANT:                      Marian Marko

RESPONDENTS:              1.       Sam Spain

                                        2.       Thornyhill Restaurant Two Ltd

DECISION

The unanimous decision of the tribunal is set out at Paragraph 1. below.

Constitution of Tribunal:

Employment Judge:                   D Buchanan

Members:                                  Mr J Smyth

                                                  Ms E McFarline

Appearances:

The claimant was represented by Mr Justin Zalenski.

The respondent was represented by Mr Mark Mason, of Collective Business Services.

1(a)    The claimant’s claim of unfair dismissal against the second-named respondent is dismissed.  He did not have the necessary period of continuous employment, and the tribunal does not have jurisdiction to hear the claim.

(b)     Subject to Sub-paragraph (c) below, the claimant’s claims of sex discrimination, race discrimination, and victimisation (post-employment discrimination) against both respondents are also dismissed.  They are out of time and it is not just and equitable to extend the time-limit for bringing these claims.

(c)     The claimant’s claim of race discrimination against both respondents in respect of his dismissal from employment, which was brought within time, was dismissed after a hearing on the merits.

2        Reasons were given at the hearing.

Employment Judge

Date and place of hearing:         29 – 30 September 2014; and

                                                  1 – 2 October 2014, Belfast

Date decision recorded in register and issued to parties: