Belch v Ards Development Bureau & Community Network [2007] NIIT 200_07 (5 April 2007)

Belch v Ards Development Bureau & Community Network [2007] NIIT 200_07 (5 April 2007)

It was reasonably practicable for the Claimant to present her claim by the statutory deadline of 30 December 2006. The evidence did not establish incapacity or other sufficient reason to justify the delay. Therefore, the Tribunal lacks jurisdiction to hear the unfair dismissal complaint.

Citation
[2007] NIIT 200
Parties
Claimant: Kathryn Belch; Respondent: Ards Development Bureau & Community Network
Jurisdiction
Northern Ireland
Judgment Date
05 April 2007
Procedural Posture
Industrial Tribunal Employment / Pre Hearing Review
Outcome
Claim for unfair dismissal dismissed for want of jurisdiction.
Legal Topics
Unfair Dismissal, Jurisdiction, Time Limits, Unauthorised Deductions From Wages
Employment Law Unfair Dismissal Jurisdiction Time Limits Unauthorised Deductions From Wages

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Parties

Kathryn Belch

Claimant

Ards Development Bureau & Community Network

Respondent

Procedural Posture

Industrial Tribunal Employment / Pre Hearing Review

Legal Issues

  1. 1 Whether the Tribunal has jurisdiction to entertain the Claimant's complaint of unfair dismissal in view of the statutory time limit under Article 145 of the Employment Rights (Northern Ireland) Order 1996.

Ratio Decidendi

It was reasonably practicable for the Claimant to present her claim by the statutory deadline of 30 December 2006. The evidence did not establish incapacity or other sufficient reason to justify the delay. Therefore, the Tribunal lacks jurisdiction to hear the unfair dismissal complaint.

Court Disposition

Claim for unfair dismissal dismissed for want of jurisdiction.

Orders

  • Claim for unfair dismissal dismissed.
  • Claim for unauthorised deductions from wages to be relisted for a Pre-Hearing Review on jurisdiction.