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Industrial Tribunals Northern Ireland Decisions
You are here: BAILII >> Databases >> Industrial Tribunals Northern Ireland Decisions >> Zak v Fork and Cork Ltd t/a 4th Wall...Johny Hamilton [2015] NIIT 00055_15IT_2 (24 September 2015)
URL: http://www.bailii.org/nie/cases/NIIT/2015/00055_15IT_2.html
Cite as: [2015] NIIT 00055_15IT_2, [2015] NIIT 55_15IT_2
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THE INDUSTRIAL TRIBUNALS
CASE REF: 55/15
CLAIMANT: Michal Zak
RESPONDENTS: 1. Fork and Cork Ltd, t/a Fourth Wall Restaurant
2. Johnny Hamilton
DECISION ON AN APPLICATION FOR REVIEW
The decision of the tribunal is varied to what appears in the body of the decision.
Constitution of Tribunal:
Employment Judge: Mr B Greene
Members: Mr E Grant
Mr J Pollock
Interpreter: Ms M Kurzynska
Appearances:
The claimant was appeared in person.
The first respondent was represented by Ms C Reid of the first respondent.
The second respondent appeared in person.
1. On 28 August 2015 the tribunal issued a decision at which it awarded to the claimant compensation for discrimination on the basis of his race of £6,005 for injury to feelings and £540 for loss of earnings arising from the race discrimination and £616 by reason of the first respondent's failure to provide to the claimant by the date of his claim written particulars of his employment.
2. By letter of 2 September 2015 the claimant appealed against the amount of damages awarded by the tribunal on the interest of justice ground under Regulation 34(3)(a) of the Industrial Tribunals (Constitution and Rules of Procedure) Regulations (Northern Ireland) 2005.
3. At the hearing on 24 September the claimant indicated that he did not take issue with the award of £616 for failure to provide him with written particulars of his terms and conditions of employment nor the £540 for loss of earnings arising from the finding of race discrimination. The claimant sought to challenge the award of £6,005 for injury to feelings.
4. The tribunal, having heard the submissions of all parties, varied the award for injury to feelings to £6,500. The total compensation that the first respondent is ordered to pay to the claimant is £6,500 for injury to feelings and £540 for the loss of earnings, arising from the race discrimination and £616 for failure by the first respondent to provide written terms and conditions of the claimant's employment. The total compensation that the first respondent is ordered to pay to the claimant is £7,656.
5. Oral reasons were given at the hearing for the tribunal's decision.
6. This is a relevant decision for the purposes of the Industrial Tribunals (Interest) Order (Northern Ireland) 1990.
Employment Judge
Date and place of hearing: 24 September 2015, Belfast.
Date decision recorded in register and issued to parties: