Magee v Lisburn Borough Council & Ors [2002] NIFET 32_02 (15 November 2002)

Magee v Lisburn Borough Council & Ors [2002] NIFET 32_02 (15 November 2002)

The applicant's cause of action crystallised on 14 August 2001, and he was aware of the time limits. There was no impediment to presenting his claim within three months. The Tribunal declined to exercise discretion to extend the time limit, resulting in dismissal of the application as out of time.

Source-derived case information.

Citation
[2002] NIFET 32_02
Parties
Applicant: Patrick Magee; Respondent: Lisburn Borough Council; Respondent: The Local Government Staff NI; Respondent: Jim Dillon; Respondent: Billy Gilpin; Respondent: Colin McClintock; Respondent: Brian Porter; Respondent: Ricky Burnett; Respondent: The Management Consultant
Jurisdiction
Northern Ireland
Judgment Date
15 November 2002
Procedural Posture
Fair Employment Tribunal / Preliminary Issue Decision
Outcome
Application dismissed as out of time
Legal Topics
Statutory Time Limits, Unlawful Discrimination, Nationality Discrimination, Political Opinion Discrimination
Employment Law Anti Discrimination Law Statutory Time Limits Unlawful Discrimination Nationality Discrimination Political Opinion Discrimination

Source-derived case record

Summary, issues, holding and outcome

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Parties

Patrick Magee

Applicant

Lisburn Borough Council

Respondent

The Local Government Staff NI

Respondent

Jim Dillon

Respondent

Billy Gilpin

Respondent

Colin McClintock

Respondent

Brian Porter

Respondent

Ricky Burnett

Respondent

The Management Consultant

Respondent

Procedural Posture

Fair Employment Tribunal / Preliminary Issue Decision

Legal Issues

  1. 1 Whether the applicant's claim was presented within the statutory time limits
  2. 2 Whether the Tribunal should exercise discretion to extend the time limit

Ratio Decidendi

The applicant's cause of action crystallised on 14 August 2001, and he was aware of the time limits. There was no impediment to presenting his claim within three months. The Tribunal declined to exercise discretion to extend the time limit, resulting in dismissal of the application as out of time.

Court Disposition

Application dismissed as out of time