CASE REF: 193/01FET
APPLICANT: James Alan Kerr
RESPONDENT: Queens University Belfast
The unanimous decision of the Tribunal is that this Originating Application was presented outside the time limits provided in Article 46 of the Fair Employment and Treatment (Northern Ireland) Order 1998 and it would not be just and equitable in all the circumstances of the case for this Tribunal to consider the complaint despite the fact that it was out of time. The Originating Application given the case reference number listed above is therefore dismissed.
The applicant appeared in person.
The respondent was represented by Mr B Lockhart, Barrister-at-Law, instructed by Elliott Duffy Garrett, Solicitors.
(1) Subject to paragraph (5), the Tribunal shall not consider a complaint
under Article 38 unless it is brought before whichever is the earlier of -
(a) the end of the period of 3 months beginning with the day on which the complainant first had knowledge, or might reasonably be expected first to have had knowledge, of the act complained of;
(b) the end of the period of 6 months beginning with the day on which the act was done.
(5) A court or the Tribunal may nevertheless consider any such complaint, claim or application which is out of time if, in all the circumstances of the case, it considers that it is just and equitable to do so.
(6) For the purposes of this Article –
(a) when the inclusion of any term in a contract renders the making of the contract an unlawful act, that act shall be treated as extending throughout the duration of the contract; and
(b) any act extending over a period shall be treated as done at the end of that period; and
(c) a deliberate omission shall be treated as done when the person in question does an act inconsistent with doing the omitted act or, if he has done no such inconsistent act, when the period expires within which he might reasonably have been expected to do the omitted act if it were to be done."
Date and place of hearing: 18 December 2001 and 8 November 2002, Belfast
Date decision recorded in register and issued to parties: