Mr S Nicolaescu and others v OMI Facilities Ltd: 4100404/2017
| Judgment Date | 24 August 2017 |
| Subject Matter | Working Time Regulations |
| Citation | 4100404/2017 |
| Published date | 13 September 2017 |
| Court | Employment Tribunal |
ETZ4(WR)
IN THE EMPLOYMENT TRIBUNAL (SCOTLAND) AT EDINBURGH
Judgment of the Employment Tribunal in Case Nos: S/4100404/2017,
S/4100509/2017, S/4100510/2017, S/4100511/2017, S/4100512/2017, 5 S/4100513/2017, S/4100514/2017, S/4100515/2017, S/4100516/2017, S/4100517/2017
& S/4100518/2017 Following Open Preliminary Hearing Held at Edinburgh on
11th August 2017
10 Employment Judge: J G d’Inverno, QVRM, TD, VR, WS (Sitting Alone)
Sergia Nicolaescu Claimant 15
Titina Ombas
Bogdan-Constantin Burlacu
Iolena Ciobanu
20 Claudiu-Bogdan Burcea
Diana-Elena Aliman
Stefania-Claudia Bran 25
Adrian-Marius Ciobanu
Oana-Silvia Cercel 30
Mihail-Bogdan Bran
Marius Androne
35
OMI Facilities Limited Respondent
40
JUDGMENT OF THE EMPLOYMENT TRIBUNAL
The Judgment of the Employment Tribunal is that the claimants lack Title to Present and 45
the Tribunal lacks Jurisdiction to Consider, in terms of the Working Time Regulations
1998, Regulation 30(2)(a) as extended by the provisions of Regulation 30(2A), or in
S/4100404/2017, S/4100509/2017, S/4100510/2017, S/4100511/2017, S/4100512/2017, S/4100513/2017,
S/4100514/2017, S/4100515/2017, S/4100516/2017, S/4100517/2017 & S/4100518/2017
Page 2
terms of section 23(2) or section 23(4) of the Employment Rights Act 1996 respectively,
the claimants’ claims for compensation in respect of accrued but untaken paid annual
leave entitlement and or, in the alternative, complaints of unlawful deduction from wages
contrary to the provisions of section 13 of the Employment Rights Act 1996;
5
(Second) That the complaints and claims of all eleven claimants are dismissed
for want of Jurisdiction.
10
Employment Judge: Joseph d’Inverno
Date of Judgment: 24 August 2017
Entered in Register: 28 August 2017 15 and Copied to Parties
REASONS 20
1. This case called before the sitting Judge at Edinburgh, for Open Preliminary
Hearing, at 10 am on the 11th of August 2017 and proceeded with the assistance
of a Romanian Language Interpreter.
25
2. The claim is one in which the eleven claimants, whose claims are presented in
terms of a single initiating Application ET1, assert possession of qualifying status
of employee or worker and in consequence advance claims for compensation in
respect of an asserted but unpaid entitlement to annual leave in terms of The
Working Time Regulations 1998 and or, in the alternative, complaints of unlawful 30
deduction from wages, arising from such non-payment and, contrary to the
provisions of section 13 of the Employment Rights Act 1996.
3. In terms of Case Management Orders issued by Employment Judge Macleod at
Closed Preliminary Hearing which proceeded on 7th June 2017 the first named 35
claimant, Mr Sergiu Nicolaescu, was designated the lead claimant, the
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