Industrial Tribunals Northern Ireland Decisions

 
THE INDUSTRIAL TRIBUNALS

CASE REF: 2864/04

CLAIMANT: Patrick McCurry

RESPONDENT: Dungannon & South Tyrone Borough Council

DECISION ON A PRE-HEARING REVIEW

The decision of the tribunal is that the tribunal does not have jurisdiction to entertain the claim in relation to an equality clause in view of the time limit as set out in Section 2(4) of the Equal Pay Act (Northern Ireland) 1970.

Appearances:

The claimant appeared in person.

The respondent was represented by Mr S Elliott, Barrister-at-Law, instructed by Simmons Meglaughlin & Orr, Solicitors.

1. The claimant worked as a Groundsman/General Operative from 1993 to 2002. He complained in his originating application that he had not been paid his bonus entitlement over the years. It was common case that his employment ended in May 2003. He presented a claim to the tribunal on 26 October 2004
2. Apart from the fact that the tribunal has no discretion in relation to the six month time limit in which a claimant must present a claim under the Equal Pay Act (Northern Ireland) 1970, it was apparent to the tribunal that there was no valid claim in any event. The claimant was not comparing himself with a female in the same employment. He had not presented his claim within the six month time limit provided under the Act and accordingly his claim is dismissed.

Vice President:

Date and place of hearing: 15 August 2005, Belfast

Date decision recorded in register and issued to parties: