Wilson v Trivirix International & Anor [2009] NIIT 1388_08IT (25 July 2009)

Wilson v Trivirix International & Anor [2009] NIIT 1388_08IT (25 July 2009)

It was reasonably practicable for the claimant to have presented her claim within the statutory time limit; her lack of knowledge and inactivity for nearly two years is unreasonable and does not justify extension of time under Article 217(5).

Citation
[2009] NIIT 1388_08IT
Parties
Claimant: Kim Wilson; First Respondent: Trivirix International; Second Respondent: Department for Employment & Learning
Jurisdiction
Northern Ireland
Judgment Date
25 July 2009
Procedural Posture
Industrial Tribunal / Final Judgment
Outcome
Claim dismissed as out of time
Legal Topics
Protective Award, Redundancy, Time Limits, Notice Pay, Employee Consultation
Employment Law Insolvency Law Protective Award Redundancy Time Limits Notice Pay Employee Consultation

Case Brief

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Parties

Kim Wilson

Claimant

Trivirix International

First Respondent

Department for Employment & Learning

Second Respondent

Procedural Posture

Industrial Tribunal / Final Judgment

Legal Issues

  1. 1 Nature of the claimant's claim
  2. 2 Timeliness of claim presentation
  3. 3 Reasonable practicability of presenting claim within time

Ratio Decidendi

It was reasonably practicable for the claimant to have presented her claim within the statutory time limit; her lack of knowledge and inactivity for nearly two years is unreasonable and does not justify extension of time under Article 217(5).

Court Disposition

Claim dismissed as out of time

Orders

  • No further order
  • No order as to costs