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Industrial Tribunals Northern Ireland Decisions
You are here: BAILII >> Databases >> Industrial Tribunals Northern Ireland Decisions >> Lappin v Educogym Ltd [2009] NIIT 84_09IT (06 April 2009)
URL: http://www.bailii.org/nie/cases/NIIT/2009/84_09IT.html
Cite as: [2009] NIIT 84_09IT, [2009] NIIT 84_9IT
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THE INDUSTRIAL TRIBUNALS
CASE REF: 84/09 IT
CLAIMANT: Robert Charles Lappin
RESPONDENT: Educogym Ltd-Tina Fearon (Freespirit Franchise)
DECISION
The Tribunal refuses the claimant’s application made at the outset of the hearing to lodge a fresh claim of breach of contract relating to the matters claimed in his letter to the Office of the Tribunals received on 23 March 2009 as the sums claimed have arisen after the termination of the contract and therefore do not fall within the jurisdiction of the Tribunal pursuant to Article 3 of the Industrial Tribunals (Extension of Jurisdiction) Order (Northern Ireland) 1994.
2. The Tribunal does not have jurisdiction to entertain the claimant’s claim of breach of contract or the respondent’s counterclaim by reason of Clause 17 of the Contract of Employment by which the parties expressly agreed irrevocably to submit to the exclusive jurisdiction of the Courts of the Republic of Ireland, and dismisses the claim and counterclaim.
Constitution of Tribunal:
Chairman (Sitting Alone): Ms J Knight
Appearances:
The claimant appeared and represented himself.
The respondent appeared and was represented by Mr Simon Crawford of Peden & Reid Solicitors.
Reasons for the decision were delivered orally to the parties at the hearing.
Chairman:
Date and place of hearing: 25 March 2009 Belfast
Date decision recorded in register and issued to parties: