Samaitas v Nurendale Ltd. T/A Panda Waste [2013]

Posted In: Case Law
  • Case Reference
  • Legal Body
    Equality Tribunal (EQT)
  • Type of Claim / Jurisdiction
    Discrimination, Contracts of Employment
Issues covered: Unenforceable contract; Illegal performance of employment contract; Active participation in the illegality

The complainant, who was legally represented, lodged three complaints with the Equality Tribunal.  He accepted that he had been convicted in the District Court for driving without a valid and correct driving licence.  He argued that since this only came to light after he lodged his complaints, even though it was clearly known to him before that, the Tribunal should proceed to investigate his complaints.  It appears that “he deliberately deceived his employer by presenting it with a forged driving licence in respect of his appointment as a driver of large waste disposal lorr[ies]”.  The respondent argued that the complainant had by his actions frustrated his contract of

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This article is correct at 29/05/2013

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Bernadette Treanor
Beo Solutions

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