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Industrial Tribunals Northern Ireland Decisions
You are here: BAILII >> Databases >> Industrial Tribunals Northern Ireland Decisions >> Baxter v Camden Frames Ltd [2004] NIIT 52_04 (22 October 2004)
URL: http://www.bailii.org/nie/cases/NIIT/2004/52_04.html
Cite as: [2004] NIIT 52_04, [2004] NIIT 52_4
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FAIR EMPLOYMENT TRIBUNAL
CASE REF: 52/04FET
333/04
APPLICANT: Paul Baxter
RESPONDENT: Camden Frames Limited
DECISION
The unanimous decision of the Tribunal is that the applications given the case reference numbers set out above are dismissed.
The respondent's title is amended to that shown above.
Appearances:
The applicant was neither present nor represented. The Tribunal in these circumstances considered the applicant's originating application.
The respondent was represented by Mr C McGahon of Croner Consulting.
These cases were listed to determine the preliminary issues as to whether the applications had been presented in time and if not whether it would be just and equitable for the Tribunal to consider the fair employment aspect of the case despite the complaint being out of time and whether it would have been reasonably practicable for the applicant to have presented his complaint in relation to the unfair dismissal aspect of his case within the three month time limit allowed.
Mr McGahon pointed out that the originating application had been presented to the Tribunal on 9 February 2004 and that the effective date of termination of the applicant's employment had been 16 April 2003. He pointed out that the application was therefore seven months out of time and he pointed out that no reasons had been given in the originating application or in any other document from the applicant to explain the delay in presenting his complaint. He therefore requested the Tribunal to dismiss the originating applications.
The Tribunal was satisfied that the originating applications were presented outside the period of three months allowed in Article 46 of the Fair Employment and Treatment (Northern Ireland) Order 1998 or in Article 145 of the Employment Rights (Northern Ireland) Order 1996 and in view of the fact that no explanation has been provided as to the reasons why the originating applications were submitted well out of time the Tribunal hereby dismisses the complaints.
Chairman:
Date and place of hearing: 22 October 2004, Belfast
Date decision recorded in register and issued to parties: