CASE REF: 277/04 FET
CLAIMANT: Ivor Joseph Bell
RESPONDENTS: 1. Montupet (UK) Ltd
2. Brendan Doyle
The decision of the Tribunal is:-
1. The claims of the claimant against each respondent insofar as these relate to the incident on 17 October 2002 are out of time and the Tribunal does not consider that it is just and equitable to extend time.
2. The claims of the claimant against each respondent insofar as these relate to the acts complained of from May 2003 to 7 May 2004 are within time.
Constitution of Tribunal:
Chairman (sitting alone): Mr I Wimpress
The claimant was represented by Mr M Wolfe, Barrister-at-Law, instructed by McCartan Turkington & Breen, Solicitors.
The first-named respondent was represented by Ms J L Toolan, of the Engineering Employers' Federation.
The second-named respondent was unrepresented and appeared on his own behalf.
(1) Was the application presented within the specified time limit?
(2) If not, is it just and equitable, in all the circumstances of the case, for the Tribunal to consider this complaint despite the fact that it is out of time?
"(1) Subject to Paragraph (5) that 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 on the day on which the complainant first had knowledge of, or might reasonably be expected to have had knowledge, of the act complained of; or
(b) the end of the period of six months beginning on 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 –
(c) any act extending over a period shall be treated as done at the end of that period."
"The question is whether that 'an act extending over a period', as distinct from a succession of unconnected or isolated specific acts, for which time would begin to run from the date which each specific act was committed."
Date and place of hearing: 6 January 2006, Belfast
Date decision recorded in register and issued to parties: