Industrial Tribunals Northern Ireland Decisions

 
THE INDUSTRIAL TRIBUNALS

CASE REF: 00582/08

CLAIMANT: George Creighton

RESPONDENT: Tarat Limited

DECISION ON A PRE-HEARING REVIEW

The unanimous decision of the tribunal is that the claimant's breach of contract claim was not presented within the period of three months beginning with the effective date of termination giving rise to the claim and the tribunal is not satisfied that it was not reasonably practicable for the complaint to be presented within that time.

Constitution of Tribunal:

Chairman: Ms Bell

Panel Members: Mr Irwin

Mr Magennis

Appearances:

The claimant appeared in person.

The respondent was represented by Mr Dunlop, Barrister-at-Law, instructed by Carson & McDowell, Solicitors.

1. The claimant confirmed that his claim was for breach of contract only, for monies owing to him relating to his period of employment which had terminated by agreement with the respondent on 31 December 2007 whereafter the claimant became a self employed property managing agent.

THE ISSUES

2. The preliminary issue before the tribunal was:-

Whether the claimant is entitled to bring proceedings on a contract claim in view of the provisions of Article 7 of the Industrial Tribunals Extension of Jurisdiction Order (Northern Ireland) 1994.

SOURCES OF EVIDENCE

3. The tribunal considered the claim, response, oral evidence of the claimant and submissions from the respondent's representative.

FINDINGS OF FACT

4. The claimant was employed by the respondent to manage properties from 1 September 2006 until 31 December 2007, when his employment terminated by agreement and the claimant became a self employed managing agent.
5. The claimant's effective date of termination was 31 December 2007.
6. The claimant's agency with the respondent terminated on 14 January 2008.
7. The claimant after termination of his agency sought monies owing to him from the respondent and vice versa.
8. The claimant gave evidence that there had been a good working relationship between the parties and he believed that outstanding matters could be resolved between them. By February 2008 the claimant felt the respondent was not dealing with his claim.
9. The claimant was previously a company director in a company employing approximately 20 or more employees, he had commercial experience and on his own acknowledgment was reasonably familiar with rights concerning employment.
10. The claimant chose not to seek legal advice until 2 or 3 April 2008 and gave evidence that he was then made aware of time limits for submission of a claim. The claimant did not submit a claim for a further five or six days, as he wished to consider what he was about to do.
11. The claimant's claim was received by the Industrial Tribunal on 8 April 2008.

THE LAW

12. Article 7 of the Industrial Tribunals Extension of Jurisdiction Order (Northern Ireland) 1994 sets out the time within which proceedings may be brought.

"7. An Industrial Tribunal shall not entertain a complaint in respect of an employee's contract claim unless it is presented –

(a) within the period of three months beginning with the effective date of termination of the contract giving rise to the claims; or

(b) where there is no effective date of termination, within the period of three months beginning with the last day upon which the employee worked in the employment which had terminated; or

(c) where the tribunal is satisfied that it was not reasonably practicable for the complaint to be presented within whichever of those periods is applicable, within such further period as the tribunal considers reasonable."

APPLICATION OF LAW TO FACTS FOUND

13. The claimant's claim was not submitted within the period of three months beginning with the effective date of termination of the contract. The tribunal is not satisfied that it was not reasonably practicable for the complaint to be presented within that time, the claimant having commercial experience and on his own acknowledgement being reasonably familiar with employees and their rights and nothing having prevented him seeking legal advice before early April 2008.

CONCLUSION

14. The Industrial Tribunal shall not entertain the claimant's contract claim.

Chairman:

Date and place of hearing: 5 September 2008, Belfast.

Date decision recorded in register and issued to parties: