Breen v Department for Social Developm... [2012] NIIT 02880_10IT (03 September 2012)

Breen v Department for Social Developm... [2012] NIIT 02880_10IT (03 September 2012)

The complaint was presented outside the statutory time limit; the claimant was aware of the facts giving rise to the claim in May 2010; lack of reasonable efforts to obtain professional advice; not just and equitable to extend the time limit; tribunal lacks jurisdiction.

Citation
[2012] NIIT 02880_10IT
Parties
Claimant: Seamus Patrick Breen; Respondent: Department for Social Development
Jurisdiction
Northern Ireland
Judgment Date
03 September 2012
Procedural Posture
Industrial Tribunal / Pre Hearing Review
Outcome
Complaint dismissed for lack of jurisdiction due to being out of time.
Legal Topics
Age Discrimination, Equal Pay, Statutory Time Limits
Employment Law Equality Law Age Discrimination Equal Pay Statutory Time Limits

Case Brief

Summary, issues, holding and outcome

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Parties

Seamus Patrick Breen

Claimant

Department for Social Development

Respondent

Procedural Posture

Industrial Tribunal / Pre Hearing Review

Legal Issues

  1. 1 Whether the claimant’s complaint of age discrimination was presented within the statutory time limit
  2. 2 Whether it is just and equitable to extend the time limit for hearing the complaint

Ratio Decidendi

The complaint was presented outside the statutory time limit; the claimant was aware of the facts giving rise to the claim in May 2010; lack of reasonable efforts to obtain professional advice; not just and equitable to extend the time limit; tribunal lacks jurisdiction.

Court Disposition

Complaint dismissed for lack of jurisdiction due to being out of time.