Industrial Tribunals Northern Ireland Decisions

THE INDUSTRIAL TRIBUNALS

CASE REF:  266/14

CLAIMANT:              Robert Sweeney    

RESPONDENT:      Dairy Produce Packers Ltd        

DECISION

The decision of the tribunal is that the claimant’s claim of unfair dismissal is dismissed as it is out-of-time, and the tribunal has therefore no jurisdiction to entertain the claim.

Constitution of Tribunal:

Employment Judge (sitting alone):       Employment Judge Crothers

Appearances:

The claimant did not appear and was not represented.

The respondent was represented by Ms McCormick, EEF Northern Ireland.

ISSUE

1.         The issue before the tribunal was whether it had jurisdiction to entertain the claimant’s claim of unfair dismissal in view of the provisions of Article 145 of the Employment Rights (Northern Ireland) Order 1996 regarding the time-limit for presenting the claim.          

2.         The title of the respondent was amended to that shown above.

REASONS

3.         The claimant did not appear at the hearing to offer any reasons to the tribunal as to why time should be extended for the presentation of his unfair dismissal claim.  He contended in his claim form that his employment ended on 22 October 2013.  The respondent contended that the effective date of termination of his employment was on 25 September 2013.  The claimant did not present his claim to the tribunal until 11 February 2014.  The tribunal was therefore unable to consider any extension of time in these circumstances and his claim is therefore dismissed.

Employment Judge:      

Date and place of hearing:  7 May 2014, Belfast.                  

Date decision recorded in register and issued to parties: