Smyth v MDF Engineering LTD [2004] NIFET 282_02 (4 November 2004)

Smyth v MDF Engineering LTD [2004] NIFET 282_02 (4 November 2004)

The Tribunal found the complaint was presented outside the statutory time limit and that the applicant's reasons for delay were insufficient to justify an extension. The Tribunal did not find the applicant credible and concluded it would not be just and equitable to consider the complaint.

Citation
[2004] NIFET 282_02
Parties
Applicant: Neil Smyth; Respondent: MDF Engineering LTD
Jurisdiction
Northern Ireland
Judgment Date
04 November 2004
Procedural Posture
Fair Employment Tribunal / Decision on Preliminary Issue (time Bar)
Outcome
Application dismissed as out of time; no extension granted.
Legal Topics
Time Limits, Unlawful Discrimination, Religious Belief, Political Opinion, Just and Equitable Extension
Employment Law Anti Discrimination Law Time Limits Unlawful Discrimination Religious Belief Political Opinion Just and Equitable Extension

Case Brief

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Parties

Neil Smyth

Applicant

MDF Engineering LTD

Respondent

Procedural Posture

Fair Employment Tribunal / Decision on Preliminary Issue (time Bar)

Legal Issues

  1. 1 Whether the complaint was presented within the statutory time limit under Article 46 of the Fair Employment and Treatment (Northern Ireland) Order 1998
  2. 2 Whether it would be just and equitable to extend the time for considering the complaint

Ratio Decidendi

The Tribunal found the complaint was presented outside the statutory time limit and that the applicant's reasons for delay were insufficient to justify an extension. The Tribunal did not find the applicant credible and concluded it would not be just and equitable to consider the complaint.

Court Disposition

Application dismissed as out of time; no extension granted.

Orders

  • Originating application dismissed
  • Title of respondent amended