Cassidy v McNicholas Construction [2006] NIIT 267_06 (12 June 2006)

Cassidy v McNicholas Construction [2006] NIIT 267_06 (12 June 2006)

The claims were presented outside the statutory time limits, and the tribunal was not satisfied that it was not reasonably practicable for the claimant to have presented them in time; further, the tribunal had no jurisdiction over the written statement claim as no request was made.

Citation
[2006] NIIT 267_06
Parties
Claimant: Tom Cassidy; Respondent: McNicholas Construction
Jurisdiction
Northern Ireland
Judgment Date
12 June 2006
Procedural Posture
Industrial Tribunal / Pre Hearing Review
Outcome
Claims dismissed
Legal Topics
Unfair Dismissal, Breach of Contract, Written Statement of Reasons for Dismissal, Jurisdiction, Limitation Periods
Employment Law Unfair Dismissal Breach of Contract Written Statement of Reasons for Dismissal Jurisdiction Limitation Periods

Case Brief

Summary, issues, holding and outcome

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Parties

Tom Cassidy

Claimant

McNicholas Construction

Respondent

Procedural Posture

Industrial Tribunal / Pre Hearing Review

Legal Issues

  1. 1 Whether the claims for unfair dismissal, breach of contract, and a written statement of reasons for dismissal were presented within the specified time limit
  2. 2 Whether it was reasonably practicable for the claimant to present the complaints within the time limit
  3. 3 Whether the tribunal has jurisdiction to hear the claim for a written statement of reasons for dismissal

Ratio Decidendi

The claims were presented outside the statutory time limits, and the tribunal was not satisfied that it was not reasonably practicable for the claimant to have presented them in time; further, the tribunal had no jurisdiction over the written statement claim as no request was made.

Court Disposition

Claims dismissed

Orders

  • The claims for unfair dismissal and breach of contract are dismissed as out of time.
  • The claim for a written statement of reasons for dismissal is dismissed for lack of jurisdiction.