Industrial Tribunals Northern Ireland Decisions

THE INDUSTRIAL TRIBUNALS

 

 

CASE REF: 2220/16

 

 

CLAIMANT: Jacob Francis Caldwell

 

 

RESPONDENT: Schrader Electronics Ltd

 

 

 

DECISION ON A PRE HEARING REVIEW

 

The decision of the tribunal is that the tribunal does not have jurisdiction to determine the claimant's claim of unfair dismissal because it was presented outside of the statutory time-limits. The tribunal declines to exercise its discretion to extend the time-limit for presenting the claim.

 

 

 

Constitution of Tribunal:

 

Employment Judge (sitting alone): Employment Judge Knight

 

 

Appearances:

 

The claimant appeared and represented himself.

 

The respondent was represented by Mr Conor Hamill, Barrister-at-Law, instructed by Carson McDowell LLP.

 

 

1.          The claimant was dismissed for gross misconduct on 8 July 2016. It was agreed that the claimant had presented his originating claim of unfair dismissal to the Office of Industrial Tribunals and the Fair Employment Tribunal on
18 October 2016, 10 days after the expiry of the statutory time-limit prescribed by Article 145(2)(a) of the Employment Rights (NI) Order 1996 (as amended).

 

2.          After considering the claimant's oral evidence, documents furnished by the claimant and the submissions of the parties, I concluded that the claimant had not proven, on a balance of probabilities, that it was not reasonably feasible for him to have presented his originating claim within the statutory time-limit. I therefore declined to exercise my discretion to extend the time for presenting the claim to the Tribunal.

 

3.          Accordingly, the tribunal does not have jurisdiction to hear the claimant's complaint of unfair dismissal and the claim is dismissed.

 

4.          Full reasons were given orally at the Pre-Hearing Review.

 

 

 

 

 

 

Employment Judge:

 

 

Date and place of hearing: 29 March 2017, Belfast.

 

 

Date decision recorded in register and issued to parties: