nigeria_ogbonnaEAT2011
EAT JURISDICTIONAL POINTS – State immunity
A claim for compensation for psychiatric illness caused by unlawful discrimination is a claim for ‘personal injury’ within the meaning of section 5 of the State Immunity Act 1978 and an employment tribunal accordingly has jurisdiction to entertain such a claim by an employee of a state even if he or she is a member of mission within the meaning of section 16 – Caramba-Coker (EAT/1054/02) followed – Schreiber v Canada (2002) 216 DLR (4th) 513 considered.
Underhill P J
[2011] UKEAT 0585 – 10 – 1207
Bailii
England and Wales
Citing:
Cited – United Arab Emirates v Abdelghafar and Another EAT 10-Jul-1995
The appellant challenged a decision by the tribunal made in its absence that the tribunal had jurisdiction to hear against it a claim for unfair dismissal.
Held: The tribunal had erred. Though Sengupta had been decided under common law, it . .
Cited – Military Affairs Office of the Embassy of the State of Kuwait v Caramba-Coker EAT 10-Apr-2003
The claimant had been employed at the Embassy as a shipping clerk. When he presented a claim for unfair dismissal and race discrimination, the Embassy now appealed saying that the Tribunal did not have jurisdiction over it. . .
Cited – Schreiber v Canada (Attorney General) 12-Sep-2002
SCC (Supreme Court of Canada) International law – Sovereign immunity – Attornment to Canadian court’s jurisdiction exception – Germany initiating extradition process against Canadian citizen – Citizen arrested by . .
Lists of cited by and citing cases may be incomplete.
Employment
Updated: 02 November 2021; Ref: scu.443569
