CASE REF: 250/01 FET
APPLICANT: Leanne Elgin
RESPONDENT: Wild Duck Inn
The unanimous decision of the Tribunal is that the applicant's complaint was not brought within the statutory time limit and it would not be just and equitable to consider the said complaint despite the fact that it is out of time. The Originating Application is therefore dismissed, as the Tribunal has no jurisdiction to hear the said complaint.
The applicant did not appear and was not represented.
The respondent was represented by Ms H Gibson, Barrister-at-Law, instructed by McManus & Kearney, Solicitors.
(1) "Was the application presented within the specified time limit?
(2) If not, is it just and equitable, in all the circumstances, for the Fair Employment Tribunal to consider this complaint despite the fact that it is out-of-time?"
Article 46 – (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 three 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; or
(b) the end of the period of six months beginning with the day on which the act was done.
(5) The 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.
"When did the matter of which you are complaining happened? – 22/1/01
When did you first know about this matter? – 22/1/01 at 11.00 am
It further appeared from Paragraph 9 of the said Originating Application that the act of discrimination complained of by the applicant related to the termination of her employment with the respondent on 22 January 2001.
Date and place of hearing: 8 August 2003, Belfast
Date decision recorded in register and issued to parties: