Clarke v B/E Aerospace (Breach of Contract Unauthorised Deduction of Wages Unfair Dismissal) [2019] NIIT 12415_18IT (01 April 2019)

Clarke v B/E Aerospace (Breach of Contract Unauthorised Deduction of Wages Unfair Dismissal) [2019] NIIT 12415_18IT (01 April 2019)

The claimant’s application for review was lodged outside the statutory time limit and did not satisfy any of the grounds for review under Rule 34. No exceptional circumstances were advanced or found. The application was therefore refused.

Citation
[2019] NIIT 12415_18IT
Parties
Claimant: Eamon Clarke; Respondent: B/E Aerospace
Jurisdiction
Northern Ireland
Judgment Date
01 April 2019
Procedural Posture
Industrial Tribunal Review Application / Decision on Application for Review
Outcome
Application for review refused
Legal Topics
Breach of Contract, Unauthorised Deduction of Wages, Unfair Dismissal, Review of Tribunal Decision, Time Limits
Employment Law Breach of Contract Unauthorised Deduction of Wages Unfair Dismissal Review of Tribunal Decision Time Limits

Case Brief

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Parties

Eamon Clarke

Claimant

B/E Aerospace

Respondent

Procedural Posture

Industrial Tribunal Review Application / Decision on Application for Review

Legal Issues

  1. 1 Whether the application for review was made within the statutory time limit
  2. 2 Whether the grounds for review fall within Rule 34 of Schedule 1 to the 2005 Regulations
  3. 3 Whether exceptional circumstances exist to justify a review in the interests of justice

Ratio Decidendi

The claimant’s application for review was lodged outside the statutory time limit and did not satisfy any of the grounds for review under Rule 34. No exceptional circumstances were advanced or found. The application was therefore refused.

Court Disposition

Application for review refused