Donaghy v Royal Mail [2007] NIIT 4_07 (4 September 2007)

Donaghy v Royal Mail [2007] NIIT 4_07 (4 September 2007)

Given the claimant's serious and ongoing medical conditions, lack of advice from the trade union, and prompt action upon learning of his rights, it is just and equitable to extend time for the claims to proceed.

Citation
[2007] NIIT 4_07
Parties
Claimant: Hugh Paul Donaghy; Respondent: Royal Mail; Respondent: Gerry McMullan
Jurisdiction
Northern Ireland
Judgment Date
04 September 2007
Procedural Posture
Pre Hearing Review / Application for Extension of Time
Outcome
Extension of time granted
Legal Topics
Religious Discrimination, Disability Discrimination, Limitation Period, Extension of Time
Employment Law Discrimination Law Religious Discrimination Disability Discrimination Limitation Period Extension of Time

Case Brief

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Parties

Hugh Paul Donaghy

Claimant

Royal Mail

Respondent

Gerry McMullan

Respondent

Procedural Posture

Pre Hearing Review / Application for Extension of Time

Legal Issues

  1. 1 Whether it is just and equitable to extend time for lodging claims of religious and disability discrimination presented outside the statutory three-month limit.

Ratio Decidendi

Given the claimant's serious and ongoing medical conditions, lack of advice from the trade union, and prompt action upon learning of his rights, it is just and equitable to extend time for the claims to proceed.

Court Disposition

Extension of time granted

Orders

  • It is just and equitable to extend time to enable the Tribunal to consider the complaints of discrimination on grounds of religious belief and disability.