Industrial Tribunals Northern Ireland Decisions

THE INDUSTRIAL TRIBUNALS

CASE REF:   1622/14

CLAIMANT:                      Miroslaw Cich

RESPONDENT:                Campbell Catering (NI) Ltd

                                        T/a Aramark

DECISION

The unanimous decision of the tribunal is that:-

(1)      The claimant’s claim that he was unlawfully discriminated against on the ground of his race by the respondent, pursuant to the Race Relations (Northern Ireland) Order 1997, when he was allegedly dismissed by the respondent at about August/September 2013, was out of time and it was not just and equitable to extend time.  The tribunal therefore does not have jurisdiction to determine this complaint and it must be dismissed.

(2)      The claimant’s remaining claims that he was unlawfully discriminated against on the grounds of his race by the respondent, pursuant to the Race Relations (Northern Ireland) Order 1997 are in time and the tribunal had jurisdiction to determine them.  The tribunal was not satisfied that the claimant was unlawfully discriminated against on the grounds of his race, pursuant to the said Order, in respect of the said claims and they are therefore dismissed.

Constitution of Tribunal:

Employment Judge:         Employment Judge Drennan QC

Members:                        Mrs V Walker

Mr P McKenna

Appearances:

The claimant appeared in person and was not represented; but was assisted by the interpreter Mr Robert Adamczyk.

The respondent was represented by Mr C Hamill, Barrister-at-Law, instructed by Worthingtons, Solicitors.

Reasons

Pursuant to Rule 30(2) of the Industrial Tribunals Rules of Procedure, contained in Schedule 1 of the Industrial Tribunals (Constitution and Rules of Procedure) Regulations (Northern Ireland) 2005, reasons were given orally at the time of issuing the decision.

Employment Judge

Date and place of hearing:  13, 14 and 15 January 2015, Belfast

Date decision recorded in register and issued to parties: