CASE REF: 427/01FET
APPLICANT: Malcolm Anthony Gatt
RESPONDENT: John Crane
The unanimous decision of the Tribunal is that the applicant's application is within time.
The applicant was represented by Mr K Gibson, Barrister-at-Law, instructed by Conway, Todd & Co., Solicitors.
The respondent was represented by Mr I Carroll, Engineering Employers' Federation.
The tribunal found the following facts:-
"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";
In this case the applicant contended that although he had a suspicion that the letters may have emanated from his employer, he did not have actual knowledge of this until he was informed of the outcome of the investigation by the police in or around 16 May 2001. The tribunal finds that 16 May 2001 was the date upon which the applicant might reasonably be expected first to have had knowledge that the act complained of was linked to his employer. During the police investigation, the police found a portion of the third letter on the hard drive of one of the computers seized.
Date and place of hearing: 26 January 2005, Belfast.
Date decision recorded in register and issued to parties: