Baker v Danny Morton [2009] NIIT 3753_09IT (01 October 2009)

Baker v Danny Morton [2009] NIIT 3753_09IT (01 October 2009)

The tribunal found no compelling evidence to justify the delay in presenting the claim and determined it was not just and equitable to extend the time limit; therefore, it had no jurisdiction to consider the claim.

Citation
[2009] NIIT 3753_09IT
Parties
Claimant: Joanne Baker; Respondent: Danny Morton; Respondent: Studio Inns Ltd
Jurisdiction
Northern Ireland
Judgment Date
01 October 2009
Procedural Posture
Industrial Tribunal / Pre Hearing Review
Outcome
Claim dismissed for want of jurisdiction.
Legal Topics
Sex Discrimination, Jurisdiction, Limitation Periods
Employment Law Discrimination Law Sex Discrimination Jurisdiction Limitation Periods

Case Brief

Summary, issues, holding and outcome

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Parties

Joanne Baker

Claimant

Danny Morton

Respondent

Studio Inns Ltd

Respondent

Procedural Posture

Industrial Tribunal / Pre Hearing Review

Legal Issues

  1. 1 Whether the tribunal has jurisdiction to hear a sex discrimination claim presented out of time
  2. 2 Whether it is just and equitable to extend the time limit for presenting the claim

Ratio Decidendi

The tribunal found no compelling evidence to justify the delay in presenting the claim and determined it was not just and equitable to extend the time limit; therefore, it had no jurisdiction to consider the claim.

Court Disposition

Claim dismissed for want of jurisdiction.

Orders

  • Claim dismissed for lack of jurisdiction due to being out-of-time.
  • Application for costs by respondent refused.