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Industrial Tribunals Northern Ireland Decisions
You are here: BAILII >> Databases >> Industrial Tribunals Northern Ireland Decisions >> Wallace v Warmflow Engineering Co Ltd [2007] NIIT 808_06 (19 January 2007)
URL: http://www.bailii.org/nie/cases/NIIT/2007/808_06.html
Cite as: [2007] NIIT 808_06, [2007] NIIT 808_6
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THE INDUSTRIAL TRIBUNALS
CASE REF: 808/06
CLAIMANT: SAMUEL JAMES WALLACE
RESPONDENT: WARMFLOW ENGINEERING CO LTD
DECISION
The unanimous decision of the tribunal is that the claim is dismissed.
Constitution of Tribunal:
Chairman: Mr Travers
Panel Members: Mr Rosbotham
Mr Mitchell
Appearances:
The claimant did not attend and was not represented
The respondent was represented by Mr R Hillen of Hillen Management Consultancy
REASONS
ISSUES
This matter was listed for hearing of a claim for unfair dismissal. Prior to considering the merits of the claim, a preliminary issue arose as to whether or not the claim had been presented to the tribunal within the statutory time limit.
The claimant did not attend the hearing, nor was he represented. No explanation was provided for his non-attendance. In the circumstances the tribunal decided to proceed with hearing the case.
Prior to reaching a decision, the tribunal considered the information in its possession which had been made available to it by the parties.
FACTS
The claim form is dated 19/06/06 and was received by the tribunal on 21/06/06.
The claim is for unfair dismissal. At paragraph 6.1 of the claim form the claimant was asked to state the date when his employment ended. His reply was “March 2006”.
The response form at paragraph 3.6 states that the claimant was dismissed on, “16 March 2006 with immediate effect”.
On the available information, the tribunal is satisfied that the date of dismissal was 16 March 2006.
The claimant was notified by the respondent of his right to appeal the decision to dismiss him. The claimant did not exercise that right.
LAW
Article 145(2) of The Employment Rights (NI) Order 1996 provides that a complaint of unfair dismissal shall not be considered by an industrial tribunal unless it is “(a) presented to the tribunal within 3 calendar months of the effective date of termination”, or “(b) within such further period as the tribunal considers reasonable in a case where it is satisfied that it was not reasonably practicable for the complaint to be presented before the end of that period of three months”.
CONCLUSION
The effective date of termination was 16 March 2006 when the claimant was dismissed with immediate effect. His claim was presented to the tribunal more than 3 months after that date. It is out of time.
The tribunal has considered whether or not the time limit for presentation of the claim should be extended on the grounds that it was not reasonably practicable for the claim to be presented in time.
On the information before it, the tribunal is unable to conclude that it was not reasonably practicable for the claim to be presented in time. The claim is therefore dismissed.
Chairman:
Date and place of hearing: 19 October 2006, Belfast.
Date decision recorded in register and issued to parties:
IT