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Industrial Tribunals Northern Ireland Decisions
You are here: BAILII >> Databases >> Industrial Tribunals Northern Ireland Decisions >> Kenny v University of Ulster [2012] NIIT 00114_12IT (06 March 2012)
URL: http://www.bailii.org/nie/cases/NIIT/2012/00114_12IT.html
Cite as: [2012] NIIT 00114_12IT, [2012] NIIT 114_12IT
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THE INDUSTRIAL TRIBUNALS
CASE REF: 114/12
CLAIMANT: Peter Kenny
RESPONDENT: University of Ulster
DECISION ON A PRE-HEARING REVIEW
The decision of the tribunal is that the claimant’s claims were lodged outside the requisite time limits, the tribunal declines to extend the time limits and the claimant’s claims are therefore dismissed in their entirety.
Constitution of Tribunal:
Chairman (sitting alone): Mrs Ó Murray
Appearances:
The claimant appeared in person.
The respondent was represented by Mr O McCullough of the University of Ulster.
Issues
1. The issues before the tribunal were as follows:
(1) Whether the tribunal has jurisdiction to entertain the claimant’s claim in view of the provisions of Article 7 of the Industrial Tribunals Extension of Jurisdiction Order (Northern Ireland) 1994 regarding the time limit for presenting a claim.
(2) If the tribunal has jurisdiction, whether the claim should be struck out on the basis that it was no reasonable prospect of success – Rule 18(7)(b) of Schedule 1 to the Industrial Tribunals (Constitution and Rules of Procedure) Regulations (Northern Ireland) 2005.
(3) If the claim is not struck out, whether a deposit order should be made under Rule 20 requiring the claimant to pay a deposit not exceeding £500 as a condition of being permitted to pursue the claim, on the ground that the claim has little reasonable prospect of success.
2. The tribunal decided that the claims had been lodged outside the requisite time limits and declined to exercise its discretion to extend time for reasons which were given orally at the hearing. The tribunal therefore dismissed the claims as it lacked jurisdiction to hear them.
3. As the claims were dismissed for want of jurisdiction the tribunal did not need to consider issues two and three.
Chairman:
Date and place of hearing: 29 February 2012 at Belfast.
Date decision recorded in register and issued to parties: