Industrial Tribunals Northern Ireland Decisions

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You are here: BAILII >> Databases >> Industrial Tribunals Northern Ireland Decisions >> McMurran v Fane Valley Co-operative Socie... [2009] NIIT 30_09IT (11 June 2009)
URL: http://www.bailii.org/nie/cases/NIIT/2009/30_09.html
Cite as: [2009] NIIT 30_9IT, [2009] NIIT 30_09IT

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THE INDUSTRIAL TRIBUNALS

CASE REF: 30/09

CLAIMANT: William Noel McMurran

RESPONDENT: Fane Valley Co-operative Society Ltd

DECISION

The unanimous decision of the tribunal is that the tribunal cannot entertain the claimant’s claim as it was submitted to the tribunal outside the time limit laid down by the Employment Rights (Northern Ireland) Order 1996, (hereinafter called ‘the 1996 Order’) and the tribunal is not prepared to extend the time for such submission.

Constitution of Tribunal:

Chairman: Mr Cross

Members: Mrs Doran

Mr Archer

Appearances:

The claimant appeared in person and was not represented.

The respondent was represented by Mr Dunlop, Barrister-at-law, instructed by Napier & Sons, Solicitors.

Evidence

1. The tribunal heard evidence from the claimant.

Findings of Fact

2. The claimant was summarily dismissed by the respondent on 26 August 2008. His claim to the tribunal was received by the tribunal office and date stamped on 27 November 2008. Consequently it was received more than three months after the dismissal.

3. The claimant appealed against the summary dismissal and the appeal was heard on 8 September 2008 when the original summary dismissal was upheld by the respondent.

The Law

4. Article 145(1) of the 1996 Order gives a person who claims that he was unfairly dismissed a right to present a claim to an industrial tribunal.

5. Article 145(2) of the 1996 Order states that:-

“An industrial tribunal shall not consider a complaint under this Article unless it is presented to the tribunal:-

(a) before the end of the period of three months beginning with 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.”

6. The effective date of termination is defined in Article 129 of the 1996 Order, in the case of someone dismissed without notice, as, “in relation to an employee whose contract of employment is terminated without notice, means the date on which the termination takes effect.”

The decision

7. The claimant was summarily dismissed without notice, so the tribunal find that the effective date of termination was the date of that meeting 26 August 2008, at which meeting the termination took effect. The fact that the claimant appealed under the terms of his contract of employment does not alter the matter.

8. The tribunal holds that the claimant’s claim to the tribunal was received by the tribunal office after the expiration of the three months time limit. The tribunal further hold that there was nothing to prevent the claimant observing the time limit of three months to bring his claim, his only excuse, proffered to this tribunal, was that he was busy trying to get a new job and just did not get around to pursuing his claim as he would have liked to. In these circumstances the tribunal find that it was reasonably practical for the claimant to make his claim within the time allowed, consequently the tribunal will not extend the time to allow the claim to be considered by the tribunal. The claimant’s claim is therefore dismissed.

Chairman:

Date and place of hearing: 18 May 2009, Belfast

Date decision recorded in register and issued to parties: