Industrial Tribunals Northern Ireland Decisions

 
THE INDUSTRIAL TRIBUNALS

CASE REF: 122/07

CLAIMANT: Ronald Morrow

RESPONDENT: F P McCann Ltd

DECISION ON A REVIEW
1. This is the outcome of an application for review of a decision which I made on a pre-hearing review in September 2007, when I decided that the claimant was not entitled to present these proceedings because of the provisions of Article 19(2) and (3) of the Employment (Northern Ireland) Order 2003 ('the 2003 Order').
2. The application for review was not made until 22 January 2008. However, I have extended the time limit until the date of that review application because I considered it to be just and equitable to do so.
3. The outcome of the review is that I have varied the original decision, by substituting a decision that the provisions of Article 19 of the 2003 Order do not prevent the claimant from pursuing his claim of discriminatory dismissal

Constitution of Tribunal:

Chairman (sitting alone): Mr P Buggy

Appearances:

The claimant was represented by Mr R Fee, Barrister-at-Law, instructed by
J J McGuckin Solicitors.

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

REASONS

4. I gave oral reasons at the conclusion of the review hearing. Therefore, comprehensive written reasons are unnecessary.
5. Ms Rooney rightly drew my attention to the fact that there had been a lengthy delay in applying for the review. However, I consider it to be just and equitable to extend the time limit up to the date on which the application for review was actually made. In arriving at that conclusion, I have, in particular, taken careful note of the comments made at paragraph 53 of the House of Lords decision in Horton v Sadler [2006] UKHL 27.
6. In the course of a Case Management Discussion which took place on 16 January 2008, it became clear that the only claim which the claimant now wishes to pursue in the course of these proceedings is a claim of discriminatory dismissal.
7. Against that background, I am now clear that, in reality, the claimant was not under any obligation to present any written grievance (in respect of the only claim in these proceedings which he now wishes to pursue) prior to the issue of these proceedings. That lack of obligation is the result of the combined effect of:-

(1) Article 19(7) of the 2003 Order (which provides that the relevant Government Department may, for the purposes of Article 19, by regulation, make provision about the application of the grievance procedures); and

(2) Regulation 6(5) of the regulations which have been made pursuant to Article 19. (Regulation 6(5) of the relevant regulations provides that the grievance procedures do not apply where the grievance is that the employer has dismissed the employee).

Chairman:

Date and place of hearing: 22 April 2008, Belfast

Date decision recorded in register and issued to parties: