Donaghy v Qualitrol Instruments Limited [2013] NIIT 02058_12IT (07 February 2013)

Donaghy v Qualitrol Instruments Limited [2013] NIIT 02058_12IT (07 February 2013)

It was reasonably practicable for the claimant to have presented his claims within the statutory three-month period, as he was able to prepare and submit draft proceedings before the deadline and no substantial cause prevented timely filing.

Source-derived case information.

Citation
[2013] NIIT 02058_12IT
Parties
Claimant: Conleth Donaghy; Respondent: Qualitrol Instruments Limited
Jurisdiction
Northern Ireland
Judgment Date
07 February 2013
Procedural Posture
Industrial Tribunal (pre Hearing Review) / Preliminary Review on Statutory Time Limits
Outcome
Claims dismissed as out of time; not reasonably practicable to extend time limit.
Legal Topics
Constructive Unfair Dismissal, Breach of Contract, Statutory Time Limits, Reasonably Practicable Test
Employment Law Constructive Unfair Dismissal Breach of Contract Statutory Time Limits Reasonably Practicable Test

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Summary, issues, holding and outcome

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Parties

Conleth Donaghy

Claimant

Qualitrol Instruments Limited

Respondent

Procedural Posture

Industrial Tribunal (pre Hearing Review) / Preliminary Review on Statutory Time Limits

Legal Issues

  1. 1 Whether the claims of constructive unfair dismissal and breach of contract were presented within the statutory three-month time limit
  2. 2 If not, whether it was reasonably practicable for the claimant to have presented the claims in time

Ratio Decidendi

It was reasonably practicable for the claimant to have presented his claims within the statutory three-month period, as he was able to prepare and submit draft proceedings before the deadline and no substantial cause prevented timely filing.

Court Disposition

Claims dismissed as out of time; not reasonably practicable to extend time limit.

Orders

  • Claims for constructive unfair dismissal and breach of contract are dismissed.