Keane v McNeilly & Ors [2006] NIIT 932_05 (16 May 2006)

Keane v McNeilly & Ors [2006] NIIT 932_05 (16 May 2006)

The claimant was aware of the potential for a constructive dismissal claim at the time of resignation and, considering the involvement of the Equal Opportunities Commission and his ability to attend job interviews, it was reasonably practicable for him to have presented his claim within three months from the...

Source-derived case information.

Citation
[2006] NIIT 932_05
Parties
Claimant: Senan Keane; Respondent: Fiona McNeilly; Respondent: MDS Pharma Services; Respondent: Jean Culloty; Respondent: Michelle Wilson; Respondent: Jennifer Teal; Respondent: Nicola Jones; Respondent: Cheryl Williams
Jurisdiction
Northern Ireland
Judgment Date
16 May 2006
Procedural Posture
Industrial Tribunal Pre Hearing Review / Jurisdictional Review on Time Limit for Constructive Dismissal Claim
Outcome
Claim dismissed
Legal Topics
Constructive Dismissal, Unfair Dismissal, Time Limits, Jurisdiction
Employment Law Constructive Dismissal Unfair Dismissal Time Limits Jurisdiction

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Summary, issues, holding and outcome

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Parties

Senan Keane

Claimant

Fiona McNeilly

Respondent

MDS Pharma Services

Respondent

Jean Culloty

Respondent

Michelle Wilson

Respondent

Jennifer Teal

Respondent

Nicola Jones

Respondent

Cheryl Williams

Respondent

Procedural Posture

Industrial Tribunal Pre Hearing Review / Jurisdictional Review on Time Limit for Constructive Dismissal Claim

Legal Issues

  1. 1 Whether the tribunal has jurisdiction to entertain the claimant's complaint of unfair dismissal in view of the time limit for presenting a complaint under Article 145 of the Employment Rights (Northern Ireland) Order 1996

Ratio Decidendi

The claimant was aware of the potential for a constructive dismissal claim at the time of resignation and, considering the involvement of the Equal Opportunities Commission and his ability to attend job interviews, it was reasonably practicable for him to have presented his claim within three months from the effective date of termination. The claim was therefore out of time and dismissed.

Court Disposition

Claim dismissed

Orders

  • The claim for constructive dismissal is dismissed.