Lowrie v Trivirix International & Anor [2009] NIIT 1384_08IT (25 June 2009)

Lowrie v Trivirix International & Anor [2009] NIIT 1384_08IT (25 June 2009)

The claimant's claims were presented almost two years after the statutory deadlines; ignorance of rights and lack of proactive inquiry do not constitute reasonable grounds for extension. It was reasonably practicable for the claimant to have presented his claims in time; therefore, the claims are dismissed as out of time.

Citation
[2009] NIIT 1384_08IT
Parties
Claimant: Alan James Lowrie; First Respondent: Trivirix International; Second Respondent: Department of Employment & Learning
Jurisdiction
Northern Ireland
Judgment Date
25 June 2009
Procedural Posture
Industrial Tribunal / Final Decision
Outcome
Claims dismissed as out of time
Legal Topics
Breach of Contract, Protective Award, Redundancy, Time Limits, Statutory Payments
Employment Law Industrial Relations Insolvency Law Breach of Contract Protective Award Redundancy Time Limits Statutory Payments

Case Brief

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Parties

Alan James Lowrie

Claimant

Trivirix International

First Respondent

Department of Employment & Learning

Second Respondent

Procedural Posture

Industrial Tribunal / Final Decision

Legal Issues

  1. 1 Whether the claimant's claims for breach of contract and protective award were presented within the statutory time limits
  2. 2 Whether it was not reasonably practicable for the claimant to have presented his claims in time
  3. 3 Whether the claimant acted reasonably upon realising his right to claim

Ratio Decidendi

The claimant's claims were presented almost two years after the statutory deadlines; ignorance of rights and lack of proactive inquiry do not constitute reasonable grounds for extension. It was reasonably practicable for the claimant to have presented his claims in time; therefore, the claims are dismissed as out of time.

Court Disposition

Claims dismissed as out of time

Orders

  • No further order
  • No order as to costs