Industrial Tribunals Northern Ireland Decisions

Kerr v North Down & Ards Institute of Further & Higher Education & Ors (Time Limit) [2002] NIIT 674_02 (15 October 2002)

THE INDUSTRIAL TRIBUNALS

CASE REF: 674/02

APPLICANT: Mrs Margaretta Kerr

RESPONDENT:	1.	North Down & Ards Institute of Further & Higher Education
	2.	Castlereagh College
	3.	South Eastern Education & Library Board
	4.	Department of Education

ORDER

The complaint that the Applicant has been excluded from membership of her employer's pension scheme because she was a part-time worker, is struck out.

REASONS

The Application presented a complaint on 12 March 2002 that she had been excluded from membership of her employer's pension scheme by reason of her status as a part-time worker.

The date on which her employment with that employer came to an end was in or around June 1999 which was more than six months prior to the commencement of these proceedings.

The time limit for bringing such a complaint is six months from the ending of the employment relationship in question, and there is no provision for extending that limit in any circumstances.

Accordingly, by letter dated 1 July 2002, the applicant was invited to show cause why her complaint should not be struck out under rule 13(2)(d) of the Industrial Tribunals (Constitution and Rules of Procedure) Regulations (Northern Ireland) 1996, on the grounds that, as it must evitably fail, it would be frivolous or vexations to pursue it.

The Applicant has failed to show cause why the complaint should not be struck out, and I therefore Order that it be struck out under rule 13(2)(d).

VICE PRESIDENT