Industrial Tribunals Northern Ireland Decisions

THE INDUSTRIAL TRIBUNALS

CASE REF:  8625/19

CLAIMANT:                          JulieAnn O’Kane   

RESPONDENTS:               1.         Department for the Economy

                                                2.         Department of Finance

DECISION ON A PRE-HEARING REVIEW

The decision of the tribunal is that the claims are dismissed for want of jurisdiction.

CONSTITUTION OF TRIBUNAL

Vice President (sitting alone):                             Mr N Kelly

APPEARANCES:

The claimant was represented by Mr Rogan.

The respondents were represented by Mr Rafferty, Barrister-at-Law, instructed by the Departmental Solicitor’s Office.

1.         The claim was dismissed in an oral decision given with reasons at the conclusion of the hearing.

2.         The tribunal concluded that:

            (i)         It had no jurisdiction to determine any claim in relation to breach of contract under the Industrial Tribunals Extension of Jurisdiction Order (Northern Ireland) 1994 because the claimant remained in employment.

            (ii)        Excess fares allowances were payments in respect of expenses for the purposes of Article 59(2)(b) of the 1996 Order and the tribunal therefore had no jurisdiction to hear the claim.

            (iii)       If the tribunal had had jurisdiction to hear the claim, the claim was substantially out of time for a period of approximately ten years and there were no grounds on which the time could be extended.

Employment Judge:

Date and place of hearing:          3 October 2019, Belfast.

Date decision recorded in register and issued to parties: