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
Legal Issues
- 1 Whether the claim was lodged within the statutory time limit
- 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.
Full Case Text
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