Tomaszewska v Bridge Mushrooms Ltd [2008] NIIT 468_08IT (02 October 2008)

Tomaszewska v Bridge Mushrooms Ltd [2008] NIIT 468_08IT (02 October 2008)

It was reasonably practicable for the claimant to present her complaints within the prescribed time limits, as she was aware of her rights when she raised her grievance within the time period. Her subsequent delay was not justified, and therefore the tribunal lacks jurisdiction to consider the complaints.

Citation
[2008] NIIT 468_08IT
Parties
Claimant: Iwona Tomaszewska; Respondent: Bridge Mushrooms Ltd
Jurisdiction
Northern Ireland
Judgment Date
02 October 2008
Procedural Posture
Industrial Tribunal Pre Hearing Review / Jurisdictional Challenge on Time Limits
Outcome
Complaints dismissed for want of jurisdiction due to being out of time.
Legal Topics
Breach of Contract, Unlawful Deductions From Wages, Health and Safety Detriment, Working Time Regulations, Jurisdiction, Limitation Periods
Employment Law Breach of Contract Unlawful Deductions From Wages Health and Safety Detriment Working Time Regulations Jurisdiction Limitation Periods

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Parties

Iwona Tomaszewska

Claimant

Bridge Mushrooms Ltd

Respondent

Procedural Posture

Industrial Tribunal Pre Hearing Review / Jurisdictional Challenge on Time Limits

Legal Issues

  1. 1 Whether the tribunal has jurisdiction to hear complaints of breach of contract, unlawful deductions from wages, detriment on health and safety grounds, and breach of Working Time Regulations in light of statutory time limits.

Ratio Decidendi

It was reasonably practicable for the claimant to present her complaints within the prescribed time limits, as she was aware of her rights when she raised her grievance within the time period. Her subsequent delay was not justified, and therefore the tribunal lacks jurisdiction to consider the complaints.

Court Disposition

Complaints dismissed for want of jurisdiction due to being out of time.

Orders

  • All complaints are dismissed.