Industrial Tribunals Northern Ireland Decisions

 
THE INDUSTRIAL TRIBUNALS

CASE REFS: 1338/05;

1399/05

CLAIMANT: Gillian Elizabeth Jackson

RESPONDENTS: 1. P McClean

2. Colin Spence

DECISION

The unanimous decision of the tribunal is that the tribunal does not have jurisdiction to deal with the complaint because the claimant did not have 12 months service as required under Article 140 of The Employment Rights (Northern Ireland) Order 1996.

Constitution of Tribunal:

Chairman: Mrs Watson

Panel Members: Ms Kelly

Dr Eakin

Appearances:

The claimant did not appear and was not represented.

The respondents were represented by Mr F Hennessy.

In her originating application dated 19 September 2005, the claimant alleged that she had been unfairly dismissed on grounds of her disability. The claim of disability discrimination was struck out by a tribunal after a hearing on 21 February 2007 which the claimant did not attend. That decision was issued to the parties on 9 March 2007.

The claimant was duly notified that this tribunal would deal with the remaining issue of unfair dismissal but did not attend. No contact was made with the Tribunal Office. After waiting some time to see if the claimant would attend, the tribunal decided to proceed to deal with the matter in her absence. [Rule 27; Industrial Tribunals (Constitution and Rules of Procedure) Regulations (Northern Ireland) 2005].

The tribunal considered the contents of the claimant's originating applications and heard from Mr Hennessy, General Manager of the first respondent's business. The claimant was employed from 9 October 2004 until 26 August 2005, some ten months. The tribunal has not jurisdiction to deal with this claim as the claimant does not have one year's continuous employment as required under Article 140 of the Employment Rights (Northern Ireland) Order 1996 (as amended). The claim is therefore dismissed.

Chairman:

Date and place of hearing: 14 September 2007 at Belfast.

Date decision recorded in register and issued to parties: