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Industrial Tribunals Northern Ireland Decisions
You are here: BAILII >> Databases >> Industrial Tribunals Northern Ireland Decisions >> Ferguson v Ministry of Defence [2009] NIIT 2352_06IT (20 April 2009)
URL: http://www.bailii.org/nie/cases/NIIT/2009/2352_06IT.html
Cite as: [2009] NIIT 2352_6IT, [2009] NIIT 2352_06IT
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THE INDUSTRIAL TRIBUNALS
CASE REF: 2352/06
CLAIMANT: Dawn Ferguson
RESPONDENT: Ministry of Defence
DECISION ON A PRE-HEARING REVIEW
The decision of the industrial tribunal is that it does not have jurisdiction to hear this claim. The claimant did not have part-time service in the Royal Irish Regiment Home Service on or after 1 July 2000 and therefore does not satisfy the pre-condition for a valid claim under the Part-time Workers (Prevention of Less Favourable Treatment) Regulations (Northern Ireland) 2000.
Constitution of Tribunal:
Chairman (sitting alone): Mr D Buchanan
Appearances:
The claimant did not appear.
The respondent was represented by Ms S Bradley, Barrister-at-Law, instructed by The Treasury Solicitor’s Office.
This matter was listed for a pre-hearing review to consider the following issue:-
“Whether the claimant had part-time service in the Royal Irish Regiment Home Service on or after 1 July 2000 and therefore satisfied the pre-condition for a valid claim under the Part-time Workers (Prevention of Less Favourable Treatment) Regulations (Northern Ireland) 2000.”
2(i) The claimant did not appear. Notice of Hearing was sent to her on 24 March 2009. It was not returned to the Office of the Tribunals. I decided to determine this matter in her absence, and in doing so, had regard to her claim form where appropriate. It is clear from the claim form that the claimant did not have any part-time service with the Royal Irish Regiment (RIR) on or after 1 July 2000.
(ii) I am further satisfied from documentary evidence adduced on behalf of the respondent that the claimant did not have any such part-time service.
3. The tribunal therefore does not have jurisdiction to determine her complaint.
Chairman:
Date and place of hearing: 8 April 2009, Belfast
Date decision recorded in register and issued to parties: