Industrial Tribunals Northern Ireland Decisions

 
THE INDUSTRIAL TRIBUNALS

CASE REF: 267/06

CLAIMANT: Tom Cassidy

RESPONDENT: McNicholas Construction

DECISION ON A PRE-HEARING REVIEW

The decision of the tribunal is that:-

(i) The claim for unfair dismissal is outside the time limits prescribed by Article 145(2)(a) of the Employment Rights (Northern Ireland) Order 1996 and Article 7 of the Industrial Tribunals Extension of Jurisdiction Order (Northern Ireland) 1994. The tribunal is satisfied that it was reasonably practicable for the claimant's complaint to be presented within the time limit and accordingly his claims are dismissed.

(ii) The tribunal has no jurisdiction to hear a claim under Articles 124 and 125 of the Employment Rights (Northern Ireland) Order 1996 and the application under Article 125(1) is therefore dismissed.

Constitution of Tribunal:

Chairman: Mr S Crothers (Chairman sitting alone)

Appearances:

The claimant appeared in person.

The respondent was represented by Mr Lynas, Solicitor, of Dimbleby's Employment Law.

1. The tribunal heard evidence from the claimant and considered documentation presented to it by the respondent's representative.
2. The issues before the tribunal were as follows:-

(i) Whether the claims for unfair dismissal, breach of contract and a written statement of reasons for dismissal were presented within the specified time limit; and

(ii) If not, what is reasonably practicable in all the circumstances of the case for an industrial tribunal to consider the complaints despite the fact that they were out of time?

3. The tribunal, having analysed the evidence in relation to the issues set out above made the following findings of fact:-

(i) The effective date of termination of the claimant's employment was 30 November 2005.

(ii) The claimant did not request a written statement of reasons for his alleged dismissal as required by the legislation.

(iii) The claimant had lodged a complaint with the respondent on 4 January 2006 which was received by the respondent on 6 January 2006. This complaint did not refer to any of the matters before the tribunal.

(iv) The claimant did not provide any substantive reasons in his evidence for his delay in presenting his claim to the tribunal on 2 March 2006. He referred to 'a lot of family problems' without more detail and alleged that he had no transport from Bangor to pick up the relevant tribunal claim forms. Ultimately, he had to get a lift with someone else in order to obtain these. He conceded that he had no logical explanation for the delay. He also conceded in cross examination that he had access to the internet prior to 2 March 2006 where the forms could be found and that he had received advice from the Citizens Advice Bureau.

(v) The law in relation to the issues is governed by Articles 145(2)(a) and (b) and Articles 124 and 125 of the Employment Rights (Northern Ireland) Order 1996 and in relation to breach of contract by Article 7 of the Industrial Tribunals Extension of Jurisdiction Order (Northern Ireland) 1994.

4. Having applied the relevant principles of law to the facts the tribunal concludes as follows:-

(a) The claims alleging unfair dismissal and breach of contract are out of time; and

(b) The tribunal is not satisfied that it was not reasonably practicable for these claims to have been presented within three months from the effective date of termination and accordingly the claims alleging unfair dismissal and breach of contract are dismissed.

(c) The tribunal has no jurisdiction in relation to the claimant's request for a written statement of reasons for dismissal under Articles 124 and 125 of the Employment Rights (Northern Ireland) Order 1996 as he did not make a request for such a statement as is required by Article 124(2) and therefore the out of time issue does not arise. This claim is therefore dismissed.

Chairman:

Date and place of hearing: 12 June 2006, Belfast.

Date decision recorded in register and issued to parties: