McMahon v Kulus & Ors [2005] NIIT 8880_03 (4 May 2005)

McMahon v Kulus & Ors [2005] NIIT 8880_03 (4 May 2005)

The claimant failed to appear or provide evidence that it was not reasonably practicable to present her claim within the statutory time limit; therefore, the tribunal was not satisfied to extend time and dismissed the claim as out of time.

Citation
[2005] NIIT 8880_03
Parties
Claimant: Tracey McMahon; Respondent: Joyce Kulus; Respondent: Northland Early Years Centre Limited; Respondent: Department for Employment & Learning
Jurisdiction
Northern Ireland
Judgment Date
04 May 2005
Procedural Posture
Industrial Tribunal / Final Decision After Hearing; Claimant Absent
Outcome
Claim dismissed
Legal Topics
Time Limits for Presenting Claims, Jurisdiction of Industrial Tribunal, Extension of Time for Claims
Employment Law Time Limits for Presenting Claims Jurisdiction of Industrial Tribunal Extension of Time for Claims

Case Brief

Summary, issues, holding and outcome

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Parties

Tracey McMahon

Claimant

Joyce Kulus

Respondent

Northland Early Years Centre Limited

Respondent

Department for Employment & Learning

Respondent

Procedural Posture

Industrial Tribunal / Final Decision After Hearing; Claimant Absent

Legal Issues

  1. 1 Whether it was not reasonably practicable for the claimant to present her claim within three months of the effective date of termination
  2. 2 Whether the claim was presented within a reasonable time thereafter if not practicable within three months
  3. 3 Whether the claimant could succeed in her substantive claims if time point was resolved in her favour

Ratio Decidendi

The claimant failed to appear or provide evidence that it was not reasonably practicable to present her claim within the statutory time limit; therefore, the tribunal was not satisfied to extend time and dismissed the claim as out of time.

Court Disposition

Claim dismissed

Orders

  • Claim dismissed due to failure to establish that it was not reasonably practicable to present within statutory time limit