Morrison v Joseph E McKernan McIat & Son [2007] NIIT 137_06 (26 March 2007)

Morrison v Joseph E McKernan McIat & Son [2007] NIIT 137_06 (26 March 2007)

The claimant's complaints of sex discrimination and victimisation were out of time as the last alleged act occurred in June 2005 and the claim was lodged in January 2006. The demand letter was not connected to the alleged discrimination. The claimant was aware of the time limits, had access to legal advice, and her...

Source-derived case information.

Citation
[2007] NIIT 137_06
Parties
Claimant: Caroline Vanessa Morrison; Respondent: Joseph E McKernan McIat & Son; Respondent: Norman McKernan; Respondent: Quinn Greer
Jurisdiction
Northern Ireland
Judgment Date
26 March 2007
Procedural Posture
Industrial Tribunal Sex Discrimination / Pre Hearing Review
Outcome
Claim of sex discrimination dismissed as out of time; no extension granted.
Legal Topics
Sex Discrimination, Victimisation, Limitation Periods, Just and Equitable Extension
Employment Law Discrimination Law Sex Discrimination Victimisation Limitation Periods Just and Equitable Extension

Source-derived case record

Summary, issues, holding and outcome

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Parties

Caroline Vanessa Morrison

Claimant

Joseph E McKernan McIat & Son

Respondent

Norman McKernan

Respondent

Quinn Greer

Respondent

Procedural Posture

Industrial Tribunal Sex Discrimination / Pre Hearing Review

Legal Issues

  1. 1 Whether the complaints of sex discrimination and victimisation are out of time
  2. 2 Whether it is just and equitable to extend the time limit for considering the complaints

Ratio Decidendi

The claimant's complaints of sex discrimination and victimisation were out of time as the last alleged act occurred in June 2005 and the claim was lodged in January 2006. The demand letter was not connected to the alleged discrimination. The claimant was aware of the time limits, had access to legal advice, and her personal circumstances did not justify an extension. It would not be just and equitable to extend the time limit.

Court Disposition

Claim of sex discrimination dismissed as out of time; no extension granted.