Industrial Tribunals Northern Ireland Decisions

 
THE INDUSTRIAL TRIBUNALS

CASE REF: 2082/04

APPLICANT: Colin David Attree

RESPONDENTS: 1. Naomi Carey

2. Massereene Manor Nursing Home

DECISION

The unanimous decision of the tribunal is that the application be dismissed under Rule 11(3) of the Industrial Tribunal Rules of Procedure set out in Schedule 1 to the Industrial Tribunals (Constitution and Rules of Procedure) Regulations (Northern Ireland) 2004.

Appearances:

The applicant did not appear and was not represented.

The respondents were represented by Mr Conor Hamill Barrister-at-Law instructed by Wilson Nesbitt Solicitors.

The issues for the tribunal to determine were:-

Whether it was appropriate to dismiss or to dispose of the application in the absence of the applicant (Rule 11(3)).

Whether the application was lodged outside the time limit set out in Article 76(1) of the Sex Discrimination (Northern Ireland) Order 1976 and if so, whether it was appropriate to extend time under Article 76(5).

The tribunal considered the contents of the application and the appearances and heard Mr Hamill's submission in relation to Rule 11(3) and in relation to the time limit contained within Article 76 of the 1976 Order.

Both the application and the appearances agree that the date of dismissal was 11 March 2004 and it is clear that the application was received by the Office of the Industrial Tribunals and Fair Employment Tribunal on 6 July 2004. The application is therefore out of time. The application did not disclose any information upon which the tribunal could properly proceed to consider the exercise of its discretion under Article 76(5) and the tribunal therefore determined that it was appropriate to dismiss the application under Rule 11(3) on the ground of the applicant's non appearance.

Chairman:

Date and place of hearing: 31 January 2005, Belfast.

Date decision recorded in register and issued to parties: