Doherty v Amicus MSF Section [2007] NIIT 1270_03 (17 July 2007)

Doherty v Amicus MSF Section [2007] NIIT 1270_03 (17 July 2007)

The claims were lodged outside the statutory time limits, and it was reasonably practicable for the claimants to have lodged them within those limits. Ignorance of the right to claim or the time limits does not constitute a just cause or excuse. The claimants did not act within a further reasonable period after the expiry of the time limits.

Citation
[2007] NIIT 1270_03
Parties
Claimant: Kevin Doherty; Claimant: Frank Cammock; Respondent: Amicus – MSF Section
Jurisdiction
Northern Ireland
Judgment Date
17 July 2007
Procedural Posture
Industrial Tribunal / Pre Hearing Review
Outcome
Claims dismissed as out of time
Legal Topics
Unjustifiable Discipline, Statutory Time Limits, Extension of Time, Trade Union Disciplinary Procedures
Employment Law Trade Union Law Unjustifiable Discipline Statutory Time Limits Extension of Time Trade Union Disciplinary Procedures

Case Brief

Summary, issues, holding and outcome

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Parties

Kevin Doherty

Claimant

Frank Cammock

Claimant

Amicus – MSF Section

Respondent

Procedural Posture

Industrial Tribunal / Pre Hearing Review

Legal Issues

  1. 1 Whether the claimants' claims of unjustifiable discipline were presented within the statutory time limit under Article 33 of the Trade Union & Labour Relations (Northern Ireland) Order 1995
  2. 2 Whether it was reasonably practicable for the claims to be presented within the time limit or within a further reasonable period

Ratio Decidendi

The claims were lodged outside the statutory time limits, and it was reasonably practicable for the claimants to have lodged them within those limits. Ignorance of the right to claim or the time limits does not constitute a just cause or excuse. The claimants did not act within a further reasonable period after the expiry of the time limits.

Court Disposition

Claims dismissed as out of time