Industrial Tribunals Northern Ireland Decisions

 


Dougherty v Craig (Jurisdiction) [2002] NIIT 445_02 (20 August 2002)

THE INDUSTRIAL TRIBUNALS

CASE REF: 445/02

APPLICANT: Joseph Dougherty

RESPONDENT: David Craig

DECISION

The unanimous finding of the Tribunal is that the applicant was not continuously employed for a period of not less than one year ending with the effective date of termination. The tribunal therefore did not have jurisdiction to hear the applicant's claim for Unfair Dismissal and it is dismissed.

Appearances:

The applicant did not appear and was unrepresented.

The respondent was represented by Mr M Casey, Solicitor of Casey & Co Solicitors

1. In accordance with the Industrial Tribunals (Constitution and Rules of Procedure) Regulations (Northern Ireland) 1996 Schedule 1 Rule 10(4) the reasons for this decision are given in summary form. Further in accordance with Rule 9(3) of the said Schedule the Tribunal considered the applicant's Originating Application before dismissing the said application.
2. Mr Craig, the respondent, gave evidence and he confirmed the applicant's dates of employment, as set out in his Originating Application – namely 21 October 2001 to 28 January 2002.
3. The applicant therefore was not continuously employed for a period of not less than one year ending with the effective date of termination as required, pursuant to Article 140(1) of the Employment Rights (Northern Ireland) Order 1996. The tribunal therefore did not have jurisdiction to hear the applicant's claim for Unfair Dismissal and it is dismissed.

Chairman:

Date and place of hearing: 20 August 2002, Londonderry

Date decision recorded in register and issued to parties: