Doherty v Amicus MSF Section [2007] NIIT 448_02 (17 July 2007)

Doherty v Amicus MSF Section [2007] NIIT 448_02 (17 July 2007)

The suspensions and the respondent's delay in implementing the Certification Officer's order constituted a continuing act of alleged discrimination, with the last relevant act occurring within the statutory time limits. Therefore, the complaints were made in time and should proceed to a full hearing.

Citation
[2007] NIIT 448_02
Parties
Claimant: Kevin Doherty; Claimant: Frank Cammock; Respondent: Amicus – MSF Section
Jurisdiction
Northern Ireland
Judgment Date
17 July 2007
Procedural Posture
Fair Employment Tribunal Pre Hearing Review / Pre Hearing Review on Limitation/timeliness
Outcome
Claimants' complaints of discrimination on the basis of political opinion were made within the prescribed time limits.
Legal Topics
Unlawful Discrimination, Political Opinion Discrimination, Trade Union Discipline, Limitation Periods, Continuing Acts
Employment Law Discrimination Law Unlawful Discrimination Political Opinion Discrimination Trade Union Discipline Limitation Periods Continuing Acts

Case Brief

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Parties

Kevin Doherty

Claimant

Frank Cammock

Claimant

Amicus – MSF Section

Respondent

Procedural Posture

Fair Employment Tribunal Pre Hearing Review / Pre Hearing Review on Limitation/timeliness

Legal Issues

  1. 1 Whether the claimants' complaints of discrimination on the basis of political opinion were made within the prescribed time limits
  2. 2 Whether the acts complained of constituted a continuing act for limitation purposes
  3. 3 Whether it would be just and equitable to consider complaints out of time

Ratio Decidendi

The suspensions and the respondent's delay in implementing the Certification Officer's order constituted a continuing act of alleged discrimination, with the last relevant act occurring within the statutory time limits. Therefore, the complaints were made in time and should proceed to a full hearing.

Court Disposition

Claimants' complaints of discrimination on the basis of political opinion were made within the prescribed time limits.

Orders

  • The complaints are in time and should proceed to a full Tribunal hearing.