McAllister v Forest Service Department of Agriculture and ... [2011] NIIT 01376_10IT (09 May 2011)

McAllister v Forest Service Department of Agriculture and ... [2011] NIIT 01376_10IT (09 May 2011)

The claimant's written communications, when read in the context of his prior oral complaint of disability discrimination at the meeting on 29 April 2008 and the respondents' knowledge thereof, satisfied the statutory requirement to set out a grievance in writing relating to disability discrimination. Therefore, the tribunal has jurisdiction to hear the claim.

Citation
[2011] NIIT 01376_10IT
Parties
Claimant: David McAllister; Respondent: Forest Service; Respondent: Department of Agriculture and Rural Development
Jurisdiction
Northern Ireland
Judgment Date
09 May 2011
Procedural Posture
Industrial Tribunal Pre Hearing Review / Jurisdictional Pre Hearing Review
Outcome
Tribunal has jurisdiction to consider the claimant’s claim of disability discrimination.
Legal Topics
Disability Discrimination, Statutory Grievance Procedure, Jurisdiction of Tribunal
Employment Law Discrimination Law Disability Discrimination Statutory Grievance Procedure Jurisdiction of Tribunal

Case Brief

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Parties

David McAllister

Claimant

Forest Service

Respondent

Department of Agriculture and Rural Development

Respondent

Procedural Posture

Industrial Tribunal Pre Hearing Review / Jurisdictional Pre Hearing Review

Legal Issues

  1. 1 Whether the claimant complied with the statutory grievance procedure under Article 15 and Schedule 1, Part II, Paragraph 6 of the Employment (Northern Ireland) Order 2003
  2. 2 Whether the tribunal has jurisdiction to consider the claimant’s claim of disability discrimination

Ratio Decidendi

The claimant's written communications, when read in the context of his prior oral complaint of disability discrimination at the meeting on 29 April 2008 and the respondents' knowledge thereof, satisfied the statutory requirement to set out a grievance in writing relating to disability discrimination. Therefore, the tribunal has jurisdiction to hear the claim.

Court Disposition

Tribunal has jurisdiction to consider the claimant’s claim of disability discrimination.

Orders

  • The claimant is entitled to present his claim of disability discrimination to the tribunal.
  • Proceedings to be further considered at a Discrimination Case Management Discussion and thereafter listed for hearing.