Fair Employment Tribunal Northern Ireland Decisions

 
FAIR EMPLOYMENT TRIBUNAL

CASE REF: 85/04FET

498/04

APPLICANT: Jodie Maguire

RESPONDENT: Darren Allen t/a Allen's Chemist

DECISION

The unanimous decision of the Tribunal is that the preliminary issue is answered in the negative and accordingly the applicant's claim for religious discrimination is dismissed.

Appearances:

The applicant did not appear and was not represented.

The respondent was represented by Mr P Coll, Barrister-at-Law instructed by Edwards & Co., Solicitors.

1. These reasons are given in summary form.
2. The applicant claimed discrimination on the basis of religious belief and her claim has been registered as a claim for unfair dismissal. The respondent denied the applicant's claims.
3. It was directed that a preliminary hearing be heard to consider the issue:-

"Is it just and equitable, in all the circumstances of the case, for the Fair Employment Tribunal to consider this complaint despite the fact that it is out of time?"

4. The tribunal was satisfied the applicant had been notified of the hearing. In the absence of the applicant, without explanation, the tribunal proceeded with the hearing. In considering this application the tribunal considered the applicant's Originating Application the Notice of Appearance and the evidence adduced by the respondent.
5. At the outset the tribunal refused an application to add a second preliminary issue for determination on today as to whether the applicant's claim for unfair dismissal was brought within the requisite period of time because the applicant had not been made aware of such an application nor had she been given an opportunity to be heard on the issue.
6. The tribunal made the following findings:-

(a) The respondent employed the applicant as a pharmacist from 17 March 2001 to 31 October 2003. She alleges that the religious discrimination lasted from a few months into her employment until it ended.

(b) The applicant's Originating Application was lodged on 27 February 2004. Article 46(1)(a) of the Fair Employment and Treatment (Northern Ireland) Order 1998 requires the complaint to be brought within three months of 31 October 2003 i.e. 31 January 2004. Her complaint was twenty seven days late.

(c) Article 46(5) of the Fair Employment and Treatment (Northern Ireland) Order 1998 enables a tribunal to consider an application that is out of time if it is just and equitable to do so in all the circumstances.

(d) The onus is on the applicant to persuade the tribunal to consider her late application. She has not offered any explanation as to why the application is out of time.

Accordingly the tribunal is not persuaded that it is just and equitable to consider this application even though it is out of time.

(e) The preliminary issue is answered in the negative.

(f) Accordingly the tribunal dismisses the applicant's claim for religious discrimination.

(g) The application may now be listed to consider the applicant's claim for unfair dismissal.

(h) The tribunal refuses the respondent's application for costs as the respondent has not satisfied the conditions of Regulation 12(1) of the Fair Employment Tribunal (Rules of Procedure) Regulations (Northern Ireland) 2004.

Chairman:

Date and place of hearing: 9 February 2005, Belfast.

Date decision recorded in register and issued to parties: