Cooley v OCS Security Services [2009] NIIT 4125_09IT (25 November 2009)

Cooley v OCS Security Services [2009] NIIT 4125_09IT (25 November 2009)

The claimant's break in service between employments was fatal to his claim for unfair dismissal, as he did not meet the statutory requirement of one year’s continuous employment.

Source-derived case information.

Citation
[2009] NIIT 4125_09IT
Parties
Claimant: Peter Cooley; Respondent: OCS Security Services
Jurisdiction
Northern Ireland
Judgment Date
25 November 2009
Procedural Posture
Employment Tribunal / Pre Hearing Review of Preliminary Issue
Outcome
claim dismissed
Legal Topics
Unfair Dismissal, Continuous Employment, Costs
Employment Law Unfair Dismissal Continuous Employment Costs

Source-derived case record

Summary, issues, holding and outcome

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Parties

Peter Cooley

Claimant

OCS Security Services

Respondent

Procedural Posture

Employment Tribunal / Pre Hearing Review of Preliminary Issue

Legal Issues

  1. 1 Whether the claimant is disqualified from the right not to be unfairly dismissed by the provisions of Article 140 of the Employment Rights (Northern Ireland) Order 1996 regarding a minimum period of continuous employment

Ratio Decidendi

The claimant's break in service between employments was fatal to his claim for unfair dismissal, as he did not meet the statutory requirement of one year’s continuous employment.

Court Disposition

claim dismissed

Orders

  • Claim dismissed for lack of statutory continuous employment.
  • Claimant ordered to pay £500.00 costs to respondent.