Monaghan v Premier Employment Group Limit...Northern Ireland Fire & Rescue... [2017] NIIT 02241_16IT (17 May 2017)

Monaghan v Premier Employment Group Limit...Northern Ireland Fire & Rescue... [2017] NIIT 02241_16IT (17 May 2017)

The claimant consciously and deliberately delayed bringing proceedings or seeking advice despite having sufficient information to do so, primarily due to reluctance to jeopardise his employment prospects. Such reluctance is not a sufficient ground for extension. The claim was out of time and no just and equitable grounds for extension were established. The tribunal therefore lacks jurisdiction.

Citation
[2017] NIIT 02241_16IT
Parties
Claimant: John Monaghan; First Respondent: Premier Employment Group Limited t/a Premier People Northern Ireland; Second Respondent: Northern Ireland Fire & Rescue Service
Jurisdiction
Northern Ireland
Judgment Date
17 May 2017
Procedural Posture
Industrial Tribunal (pre Hearing Review) / Pre Hearing Review Decision on Jurisdiction and Limitation
Outcome
Claim dismissed for want of jurisdiction; out of time and no just and equitable grounds for extension.
Legal Topics
Agency Workers Regulations, Time Limits, Jurisdiction, Unauthorised Deduction From Wages
Employment Law Agency Workers Regulations Time Limits Jurisdiction Unauthorised Deduction From Wages

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 32 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

John Monaghan

Claimant

Premier Employment Group Limited t/a Premier People Northern Ireland

First Respondent

Northern Ireland Fire & Rescue Service

Second Respondent

Procedural Posture

Industrial Tribunal (pre Hearing Review) / Pre Hearing Review Decision on Jurisdiction and Limitation

Legal Issues

  1. 1 Whether the tribunal has jurisdiction to entertain the claimant's complaint of unauthorised deduction from wages under the Employment Rights (Northern Ireland) Order 1996
  2. 2 Whether the claimant's claim under the Agency Workers Regulations (Northern Ireland) 2011 is out of time under Regulation 18(4)
  3. 3 Whether it is just and equitable to extend time for the claim under Regulation 18(5)

Ratio Decidendi

The claimant consciously and deliberately delayed bringing proceedings or seeking advice despite having sufficient information to do so, primarily due to reluctance to jeopardise his employment prospects. Such reluctance is not a sufficient ground for extension. The claim was out of time and no just and equitable grounds for extension were established. The tribunal therefore lacks jurisdiction.

Court Disposition

Claim dismissed for want of jurisdiction; out of time and no just and equitable grounds for extension.

Orders

  • Claim for unauthorised deduction of wages dismissed following withdrawal.
  • Claim under Agency Workers Regulations (Northern Ireland) 2011 dismissed as out of time and tribunal lacks jurisdiction.