Stadnick-Borowiec v Southern Health and Social Care Trust [2016]

  • Case Reference
    NICA 1
  • Legal Body
    NI Court of Appeal (NICA)
  • Type of Claim / Jurisdiction
    Unfair Dismissal, Discrimination and Equality, Whistleblowing (Protected Disclosures), Pay and Conditions of Employment
Issues covered: Discrimination on the Grounds of Race and Sex; Breach of Contract; Unlawful Deduction from Wages; Unfair Dismissal; Detriment; Whistleblowing

The NI Court of Appeal has ruled that a Polish GP’s claims of discrimination and unfair dismissal were “manifestly ill-founded and must fail.” It further commented that it was regrettable that the appellant had “chosen to invest so much wasted time and effort in pursuing a course which involved unfairly blaming many individuals... for her misfortunes” and hoped that she would “turn her focus inwards so as to seek to recognise and remedy the shortcomings that have made her unsuited for her employment.”

Maxine Orr, Partner in Worthingtons Commercial Solicitors in Belfast, has written an excellent summary of this judgement:
https://www.worthingtonslaw.co.uk/articles-downloads/2016/january/ni-court-of-appeal-rules-that-a-polish-gp-s-claims-of-discrimination-and-unfair-dismissal-are-manifestly-ill-founded-and-must-fail 

NICA Decision:
http://www.bailii.org/nie/cases/NICA/2016/1.html 

This article is correct at 28/01/2016
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