jurisdiction
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Ravat v Halliburton Manufacturing & Services Limited [2010] CSIH 52
Appeal against decision of EAT that the ET did not have jurisdiction to hear claims of unfair dismissal in circumstances where the claimant worked overseas, mainly in Libya. Appeal allowed by a majority.
- cases
30/06/2010 18:01
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Nazir & Anor v Asim & Anor UKEAT/0332/09/RN
Appeal against findings of sexual and racial harassment and discrimination. The claims were brought against 2 members of a board, which was an unincorporated organisation: the Tribunal ruled that it had jurisdiction to hear the claims against the 2 board members in their capacity as representatives of the UA and not as individual perpetrators. 4 of the claims succeeded. The jurisdiction appeal was dismissed. The EATconfirmed that the board members were liable as 'employer' and not through vicarious or secondary liability. Claims of racial and sexual harassment and discrimination were remitted to a fresh Tribunal.
- cases
30/06/2010 17:28
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Chunilal v Merrill Lynch [2010] EWHC 1467 (Comm)
Application by defendant to set aside an order for leave to serve proceedings upon the defendant outside the jurisdiction where the claimant was suing for breach of his employment contract because of non-payment of a discretionary bonus. The order was set aside.
- cases
28/06/2010 09:39
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Neary v Service Children's Education & Ors UKEAT/0101/10/DA
Appeal against decision by Tribunal that the claimant’s claim of disability and age discrimination could not be heard because the claimant was not ‘ordinarily resident in Great Britain’, for the purposes of section 68(2A)(c) of the Disability Discrimination Act and Regulation 10(2)(c) of the Employment Equality (Age) Regulations 2006.
- cases
18/06/2010 10:13
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British Airways PLC v Mak & Ors [2010] EWCA Civ 596
Renewed application for permission to appeal. Application granted partly because "there is or may be something wrong with the assumption by a domestic employment tribunal of jurisdiction over a claim for racial and age discrimination by claimants such as those in this case whose connection with the jurisdiction can be said to be tenuous"
- cases
14/06/2010 11:41
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Carter v The Blackstone Group International Ltd UKEATPA 0966/09/DM
Appeal against finding that an unfair dismissal claim was out of time where the claimant submitted that it was not reasonably practical for her to do so in time because of a medical condition. Appeal dismissed.
- cases
28/04/2010 11:05
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Launahurst v Larner [2010] EWCA Civ 334
Appeal against a ruling by the ET, and upheld by the EAT, that the claimant was an employee of the respondent and the ET thus had jurisdiction to hear a claim against unfair dismissal. Appeal succeeded and the claim for unfair dismissal was dismissed.
- cases
16/04/2010 14:22
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O'Neil v Metronet Rail BVC Ltd UKEAT 0356/09/DM
Appeal No. UKEATPA/0356/09/DMEMPLOYMENT APPEAL TRIBUNAL58 VICTORIA EMBANKMENT, LONDON EC4Y 0DSAt the TribunalOn 7 December 2009BeforeHIS HONOUR JUDGE McMULLEN QC (SITTING ALONE)MR T O'NEILL (APPELLANT)METRONET RAIL BVC LTD (RESPONDENT)Transcript of Procee…
- cases
25/01/2010 18:54
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Alstom Transport v Tilson UKEAT/0358/09/CEA
Appeal by employer against finding that the claimant was an employee by an implied contract, and so was unfairly dismissed, where the employment judge had found that a contractual document, which gave rise to that finding, was bogus. The judge had erred in that conclusion so the appeal was allowed.
- cases
25/01/2010 18:29
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YKK Europe Ltd v Heneghan UKEAT/0271/09/ZT
Appeal against ET finding that they had jurisidiction to determine unfair dismissal claim. Appeal allowed.
- cases
22/01/2010 14:39