Farry v North Down Citizens Advice Bur... [2012] NIIT 02797_11IT (03 May 2012)

Farry v North Down Citizens Advice Bur... [2012] NIIT 02797_11IT (03 May 2012)

The claimant had access to information and advice regarding the time limits and could have lodged his claim within the statutory period; his ignorance was not reasonable and it was reasonably practicable for him to present his claim on time.

Citation
[2012] NIIT 02797_11IT
Parties
Claimant: John Joseph Farry; Respondent: North Down Citizens Advice Bureau
Jurisdiction
Northern Ireland
Judgment Date
03 May 2012
Procedural Posture
Constructive Dismissal Claim / Pre Hearing Review
Outcome
claim dismissed
Legal Topics
Constructive Dismissal, Time Limits, Statutory Grievance Procedures

Case Brief

Summary, issues, holding and outcome

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Parties

John Joseph Farry

Claimant

North Down Citizens Advice Bureau

Respondent

Procedural Posture

Constructive Dismissal Claim / Pre Hearing Review

  1. 1 Whether the claim was lodged within the statutory time limit
  2. 2 Whether it was reasonably practicable for the claimant to lodge the claim on time

Ratio Decidendi

The claimant had access to information and advice regarding the time limits and could have lodged his claim within the statutory period; his ignorance was not reasonable and it was reasonably practicable for him to present his claim on time.

Court Disposition

claim dismissed

Orders

  • The claimant’s claim is dismissed as it was brought outside the statutory time limit and it was reasonably practicable for him to lodge his claim on time.