Industrial Tribunals Northern Ireland Decisions

 


McDonnell v Patterson & Ors (Preliminary Issue : Jurisdiction) [2002] NIIT 379_01 (15 October 2002)

THE INDUSTRIAL TRIBUNALS

CASE REF: 379/01

APPLICANT: Leanne McDonnell

Robert and Diane Patterson

2.

Rockmount Enterprises Limited

DECISION

The unanimous finding of the Tribunal is that.

Appearances:

The applicant was represented by Kevin R Winters & Company, Solicitors

The respondents were represented by Ms M Orr of Wilson Nesbitt, Solicitors

There was no appearance by or on behalf of the applicant. The respondents' representative submitted that, on account of the provisions of Article 140 of the Employment Rights (Northern Ireland) Order 1996, the applicant was disqualified from the right not be unfairly dismissed regarding the minimum period of continuous employment. The tribunal had regard to the applicant's Originating Application and to the respondents' Notice of Appearance. The applicant's employment by the respondents commenced on 22 November 2001 and the applicant was dismissed by the respondents on 18 January 2002, with pay in lieu of notice. The applicant was therefore continuously employed by the respondents for less than the minimum period of time provided by Article 140 of the Employment Rights (Northern Ireland) Order 1996 in order to qualify for the right to present a complaint to the tribunal of unfair dismissal. There was no evidence that the matter fell within any of the statutory exceptions to the said period. This being the case, the tribunal has no jurisdiction to hear the applicant's complaint of unfair dismissal and the applicant's complaint is dismissed, without further order.

Chairman:

Date:

Date and place of hearing:

Date decision recorded in register and issued to parties: