O'Connor v South Eastern Regional College [2009] NIIT 823_08IT (10 March 2009)

O'Connor v South Eastern Regional College [2009] NIIT 823_08IT (10 March 2009)

The tribunal held that although the claim was out of time, it was just and equitable to extend time because the claimant acted promptly upon learning the identity of the successful candidate, and there was no significant prejudice to the respondents. The balance of detriment favored granting the extension.

Citation
[2009] NIIT 823_08IT
Parties
Claimant: Sharon O'Connor; First Respondent: South Eastern Regional College; Second Respondent: Hay Group (Ireland) Ltd
Jurisdiction
Northern Ireland
Judgment Date
10 March 2009
Procedural Posture
Industrial Tribunal Sex Discrimination / Pre Hearing Review on Limitation and Extension of Time
Outcome
Statutory extension of time granted; claim may proceed.
Legal Topics
Sex Discrimination, Limitation Period, Extension of Time, Tribunal Procedure
Employment Law Discrimination Law Sex Discrimination Limitation Period Extension of Time Tribunal Procedure

Case Brief

Summary, issues, holding and outcome

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Parties

Sharon O'Connor

Claimant

South Eastern Regional College

First Respondent

Hay Group (Ireland) Ltd

Second Respondent

Procedural Posture

Industrial Tribunal Sex Discrimination / Pre Hearing Review on Limitation and Extension of Time

Legal Issues

  1. 1 Whether the claim for sex discrimination was brought within the statutory time limit
  2. 2 Whether it is just and equitable to extend time for bringing the claim

Ratio Decidendi

The tribunal held that although the claim was out of time, it was just and equitable to extend time because the claimant acted promptly upon learning the identity of the successful candidate, and there was no significant prejudice to the respondents. The balance of detriment favored granting the extension.

Court Disposition

Statutory extension of time granted; claim may proceed.

Orders

  • It is just and equitable to grant the statutory extension of time for bringing the sex discrimination claim.