Ross v Mr Mohammed Paula Kelly Lurgan Tan Ltd [2016] NIIT 02030_15IT (13 May 2016)

Ross v Mr Mohammed Paula Kelly Lurgan Tan Ltd [2016] NIIT 02030_15IT (13 May 2016)

It was reasonably practicable for the claimant to lodge her claim within the three month time limit, and even if not, she did not act promptly once aware of the circumstances. Therefore, the time limit should not be extended and the claim is dismissed.

Source-derived case information.

Citation
[2016] NIIT 02030_15IT
Parties
Claimant: Ashley Ross; Respondent: Mr Mohammed; Respondent: Paula Kelly; Respondent: Lurgan Tan Ltd
Jurisdiction
Northern Ireland
Judgment Date
13 May 2016
Procedural Posture
Industrial Tribunal / Final Decision
Outcome
Claim dismissed
Legal Topics
Unfair Dismissal, Limitation Periods, Extension of Time
Employment Law Unfair Dismissal Limitation Periods Extension of Time

Source-derived case record

Summary, issues, holding and outcome

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Parties

Ashley Ross

Claimant

Mr Mohammed

Respondent

Paula Kelly

Respondent

Lurgan Tan Ltd

Respondent

Procedural Posture

Industrial Tribunal / Final Decision

Legal Issues

  1. 1 Whether the claim was lodged within the statutory three month time limit
  2. 2 Whether it was reasonably practicable for the claimant to lodge the claim in time
  3. 3 Whether the time limit should be extended

Ratio Decidendi

It was reasonably practicable for the claimant to lodge her claim within the three month time limit, and even if not, she did not act promptly once aware of the circumstances. Therefore, the time limit should not be extended and the claim is dismissed.

Court Disposition

Claim dismissed

Orders

  • The claimant's claim of unfair dismissal is dismissed.