A claimant who alleged he was unfairly dismissed has had his case struck out by the employment tribunal which found he had behaved scandalously and unreasonably.
Anthony Adenaike was claiming unfair dismissal against Paddy Power (on-line) Limited because of alleged racial discrimination.
But tribunal chairman Dr Sharon Roberts allowed an application by Paddy Power’s advocate Christopher Arrowsmith to stike out Mr Adenaike’s claim because of his unreasonable behaviour.
Giving her decision Dr Roberts said: ‘I have no hesitation in finding that Mr Adenaike has not behaved in this tribunal courteously or civilly.
‘He has been insulting on many occasions and offensive. I have stated several instances of these in this decision.
‘These are indisputable I heard them myself. A transcript of the hearing will bear this out.
‘The leaving court behaviour was particularly extreme and occurred because I would not accede to Mr Adenaike’s wishes. Turning one’s back and ignoring a person, any person, is plainly lacking in courtesy or civility.’
Dr Roberts said Mr Adenaike had persistently interrupted the proceedings before noisily packing up and leaving while the hearing continued, despite warnings that his behaviour would be cited to support a striking out application.
‘Mr Adenaike turned his back on the tribunal and continued to pack totally ignoring my request that he respond,’ she said.
‘I have no hesitation in finding that Mr Adenaike has conducted his case in an unreasonable, disruptive and unruly manner. He has persisted to a point almost beyond patience of anyone.
‘I find that Mr Adenaike has used the tribunal to vilify others namely the advocates for the Respondent. There is no doubt he accused them of conduct, ploys, playing cat and mouse, playing hide and seek and victimising him. I do not find any evidence of a ploy, victimisation or cat and mouse games on the part of the Respondent`s advocates.
‘I find that not only has Mr Adenaike behaved scandalously, vexatiously and unreasonably, but that he has conducted the proceedings in such manner as well.’
A subsequent appeal by Mr Adenaike was allowed by Deemster Corlett. He said Dr Roberts had been wrong to strike out the case and referred it back to the employment tribunal for hearing before Dr Roberts.
However a further appeal by Paddy Power (on-line) Limited in the High Court confirmed Mr Adenaike’s action should be struck out.