Industrial Tribunals Northern Ireland Decisions

 
THE INDUSTRIAL TRIBUNALS

CASE REF: 2465/04

APPLICANT: Jacqueline Dowling

RESPONDENT: Robinsons Cleaning & Support Services

DECISION

The unanimous decision of the tribunal is that the applicant is disqualified from the right not to be unfairly dismissed by the provisions of Article 140 of the Employment Rights (Northern Ireland) Order 1996 regarding a minimum period of continuous employment.

Appearances:

The applicant represented herself.

The respondent was represented by Mr N Phillips, Barrister-at-Law, instructed by O'Rourke McDonald & Tweed, Solicitors.

This is a decision in summary form.

THE ISSUE

1. The applicant's complaint in her Originating Application was of 'unfair dismissal'. In the Notice of Appearance, the respondent accepted that the applicant had been employed and had been dismissed. However, the respondent contended that the applicant did not have the necessary period of continuous employment to qualify for the right to bring her complaint. Accordingly, the matter was listed for a preliminary hearing upon the following issue:-

"Whether the applicant is disqualified from the right not to be unfairly dismissed by the provisions of Article 140 of the Employment Rights (Northern Ireland) Order 1996 regarding a minimum period of continuous employment".

THE TRIBUNAL'S FINDINGS

2. It was not in contention between the parties and the tribunal finds that the applicant was first employed by the respondent on 16 August 2004 and was dismissed on 31 August 2004. Upon examination of the facts, the tribunal does not need to record any further material findings of fact.

THE TRIBUNAL'S DECISION

3. The tribunal questioned the applicant as to whether or not she contended that the facts of the situation did fall within any of the relevant statutory exceptions to the time limitation which was under consideration by the tribunal in these proceedings. The tribunal heard from the applicant that she did not contend any of the statutory exceptions as applicable to her case and that the applicant accepted that her complaint fell within the terms of consideration under Article 140 of the Employment Rights (Northern Ireland) Order 1996. Article 140 provides that a complaint of unfair dismissal under Article 126 of the 1996 Order may not be brought in respect of a dismissal of an employee unless he/she has been continuously employed for a period of not less than one year ending with the effective date of termination. In this instance, as has been accepted by the applicant, the applicant was not continuously employed for the necessary period of one year to afford the tribunal jurisdiction to deal with the complaint. Accordingly, the tribunal unanimously finds that the applicant is disqualified from the right not to be unfairly dismissed by the provisions of Article 140 of the Employment Rights (Northern Ireland) Order 1996 regarding a minimum period of continuous employment.

Chairman:

Date and place of hearing: 14 March 2005, Court 8, Laganside Court, Belfast.

Date decision recorded in register and issued to parties: