Scullion v Ecomesh [2012] NIIT 02697_11IT (30 January 2012)

Scullion v Ecomesh [2012] NIIT 02697_11IT (30 January 2012)

The tribunal lacks jurisdiction as the claim was not presented within the statutory time limits and there is no basis to exercise discretion to extend those limits.

Citation
[2012] NIIT 02697_11IT
Parties
Claimant: Daniel David Scullion; Respondent: Ecomesh
Jurisdiction
Northern Ireland
Judgment Date
30 January 2012
Procedural Posture
Employment Tribunal / Final Decision
Outcome
claims dismissed for want of jurisdiction
Legal Topics
Redundancy Payment, Notice Pay, Holiday Pay, Jurisdiction, Limitation Period
Employment Law Redundancy Payment Notice Pay Holiday Pay Jurisdiction Limitation Period

Case Brief

Summary, issues, holding and outcome

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Parties

Daniel David Scullion

Claimant

Ecomesh

Respondent

Procedural Posture

Employment Tribunal / Final Decision

Legal Issues

  1. 1 Whether the tribunal has jurisdiction to determine claims for redundancy payment, notice pay, and holiday pay when the claim is presented out of time
  2. 2 Whether the tribunal should exercise its discretion to extend the time limits for presenting the claim

Ratio Decidendi

The tribunal lacks jurisdiction as the claim was not presented within the statutory time limits and there is no basis to exercise discretion to extend those limits.

Court Disposition

claims dismissed for want of jurisdiction

Orders

  • The claimant’s claims for redundancy payment, notice pay and holiday pay are dismissed.