Industrial Tribunals Northern Ireland Decisions

 
THE INDUSTRIAL TRIBUNALS

CASE REF: 122/07

CLAIMANT: Ronald Morrow

RESPONDENT: F P McCann Ltd

DECISION ON A PRE-HEARING REVIEW

The decision of the tribunal is that the claimant is not entitled to present these proceedings to an industrial tribunal in view of the provisions of Article 19(2) and (3) of the Employment (Northern Ireland) Order 2003 ('the 2003 Order') regarding the requirement to send a grievance in writing to the employer and to wait 28 days before presenting a claim to the tribunal.

Constitution of Tribunal:

Chairman (sitting alone): Mr P Buggy

Appearances:

The claimant was represented by Mr M Potter, Barrister-at-Law, instructed by McLernon & McCann, Solicitors.

The respondent was represented by Ms P Rooney, Solicitor, of Carson McDowell, Solicitors.

REASONS

1. A grievance relevant to these proceedings was lodged. However, that grievance was not lodged earlier than 6 December 2006 and the claim in these proceedings was presented on 2 January 2007.
2. Section 39(2) of the Interpretation Act (Northern Ireland) 1954 provides as follows:-

"(2) Where in an enactment a period of time is expressed to begin on, or to be reckoned from, a particular day, that day shall not be included in the period."

3. Against that background, Mr Potter rightly accepted that the tribunal must decide against the claimant on this preliminary issue.

Chairman:

Date and place of hearing: 24 September 2007, Belfast

Date decision recorded in register and issued to parties: