Industrial Tribunals Northern Ireland Decisions

THE INDUSTRIAL TRIBUNALS

CASE REFS:   733/14

                    829/14

CLAIMANT:                      Hristina Nikolova

RESPONDENTS:              1.       Grafton Recruitment Limited

                                        2.       Kerry Foods Enniskillen

DECISION

The unanimous decision of the tribunal is set out at Paragraphs 1. and 2. below.

Constitution of Tribunal:

Employment Judge:         Employment Judge Buchanan

Members:                        Mrs D Adams

                                        Mr I Rosbotham

Appearances:

The claimant was represented by Mr A Nikolov.

The first-named respondent was represented by Mr T Warnock, Barrister-at-Law, instructed by Pinsent Masons Belfast LLP, Solicitors.

The second-named respondent was represented by Ms K Moore, Solicitor, of Engineering Employers’ Federation Northern Ireland.

1(i)     The claimant’s claim in respect of unlawful deductions from her wages was dismissed following its withdrawal on the first day of hearing.

(ii)     All claims against the first-named respondent, Grafton Recruitment Ltd, were dismissed, following their withdrawal by the claimant on the third day of hearing.

(iii)     All the claimant’s claims against the second-named respondent, Kerry Foods Enniskillen, were dismissed following a hearing on the merits.

2        The tribunal further ordered that the claimant pay to the second-named respondent, Kerry Foods Enniskillen, the sum of £500.00 in respect of costs incurred by it in defending these proceedings.  The tribunal was satisfied that the claimant had, in bringing the proceedings, and her representative had, in conducting the proceedings, acted unreasonably, and that the bringing of the proceedings by her had been misconceived.

3        Reasons were given at the hearing.

Employment Judge

Date and place of hearing:         12 – 16 January 2015, Belfast

Date decision recorded in register and issued to parties: