Claimant v Francisco Jose Masis Holdridge

Outcome

Facts

The Claimant worked as a Secretary Administrative at the Embassy of Costa Rica for approximately 3 years. She alleged that the First Respondent, Francisco Jose Masis Holdridge (consul and counsellor), discriminated against her on grounds of sex and age through workplace conduct including disrespectful treatment, attempting to change her holiday dates, speaking rudely, throwing papers, and undermining her work. All alleged acts occurred in the workplace during the First Respondent's time as a serving diplomat. The Second Respondent Embassy did not participate in proceedings despite being properly served.

Decision

The Tribunal struck out the claims against the First Respondent on the basis that he retained residual diplomatic immunity under Article 39(2) of the Vienna Convention on Diplomatic Relations. The Tribunal found that all alleged acts were performed in the exercise of his functions as a member of the diplomatic mission, as they occurred solely in the context of the Claimant's employment at the Embassy and involved the Respondent giving instructions, allocating duties, and making decisions relating to her work on behalf of the sending state.

Practical note

Legal authorities cited