Fawcett v Mulgrew Haulage Ltd (Breach of Contract Unauthorised Deduction of Wages) [2020] NIit 22984_19it (23 March 2020)

Fawcett v Mulgrew Haulage Ltd (Breach of Contract Unauthorised Deduction of Wages) [2020] NIit 22984_19it (23 March 2020)

The tribunal dismissed the claims for want of jurisdiction as they were lodged outside the statutory time limit and were res judicata, having been determined in the Small Claims Court.

Parties
Claimant: Claimant; Respondent: Respondent
Jurisdiction
Northern Ireland
Judgment Date
23 March 2020
Procedural Posture
Employment Tribunal / Preliminary Hearing
Outcome
Claims dismissed for want of jurisdiction.
Legal Topics
Unauthorised Deductions From Wages, Breach of Contract, Jurisdiction, Statutory Time Limits, Res Judicata
Employment Law Unauthorised Deductions From Wages Breach of Contract Jurisdiction Statutory Time Limits Res Judicata

Case Brief

Summary, issues, holding and outcome

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Parties

Claimant

Claimant

Respondent

Respondent

Procedural Posture

Employment Tribunal / Preliminary Hearing

Legal Issues

  1. 1 Whether the tribunal has jurisdiction to hear the claims
  2. 2 Whether the claims were lodged within the statutory time limit
  3. 3 Whether time should be extended for lodging the claims

Ratio Decidendi

The tribunal dismissed the claims for want of jurisdiction as they were lodged outside the statutory time limit and were res judicata, having been determined in the Small Claims Court.

Court Disposition

Claims dismissed for want of jurisdiction.

Orders

  • Claims for unauthorised deductions from wages and breach of contract dismissed.