Gourley v Rutledge Recruitment & Trainin... [2017] NIIT 02949_17IT (06 November 2017)

Gourley v Rutledge Recruitment & Trainin... [2017] NIIT 02949_17IT (06 November 2017)

The claimant failed to establish that it was not reasonably practicable to present her claims within the statutory three-month time-limit, as her actions and correspondence demonstrated capability and awareness of the process and time-limits.

Citation
[2017] NIIT 02949_17IT
Parties
Claimant: Amanda Gourley; Respondent: Rutledge Recruitment & Training Ltd
Jurisdiction
Northern Ireland
Judgment Date
06 November 2017
Procedural Posture
Industrial Tribunal (northern Ireland) Employment / Pre Hearing Review
Outcome
Claims dismissed for want of jurisdiction
Legal Topics
Unfair Dismissal, Unauthorised Deduction From Wages, Limitation Period, Extension of Time, Reasonably Practicable Test
Employment Law Unfair Dismissal Unauthorised Deduction From Wages Limitation Period Extension of Time Reasonably Practicable Test

Case Brief

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Parties

Amanda Gourley

Claimant

Rutledge Recruitment & Training Ltd

Respondent

Procedural Posture

Industrial Tribunal (northern Ireland) Employment / Pre Hearing Review

Legal Issues

  1. 1 Whether the claims of unfair dismissal and unauthorised deductions from wages were lodged outside the statutory time-limit
  2. 2 Whether the statutory time-limit should be extended under the 'reasonably practicable' test

Ratio Decidendi

The claimant failed to establish that it was not reasonably practicable to present her claims within the statutory three-month time-limit, as her actions and correspondence demonstrated capability and awareness of the process and time-limits.

Court Disposition

Claims dismissed for want of jurisdiction