Caldwell v Schrader Electronics Ltd [2017] NIIT 02220_16IT (03 April 2017)

Caldwell v Schrader Electronics Ltd [2017] NIIT 02220_16IT (03 April 2017)

The claimant failed to prove on a balance of probabilities that it was not reasonably feasible to present the claim within the statutory time-limit; therefore, the tribunal declined to extend the time and found it had no jurisdiction.

Citation
[2017] NIIT 02220_16IT
Parties
Claimant: Jacob Francis Caldwell; Respondent: Schrader Electronics Ltd
Jurisdiction
Northern Ireland
Judgment Date
03 April 2017
Procedural Posture
Industrial Tribunal Unfair Dismissal / Pre Hearing Review
Outcome
Claim dismissed for want of jurisdiction
Legal Topics
Unfair Dismissal, Jurisdiction, Statutory Time Limits, Extension of Time
Employment Law Unfair Dismissal Jurisdiction Statutory Time Limits Extension of Time

Case Brief

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Parties

Jacob Francis Caldwell

Claimant

Schrader Electronics Ltd

Respondent

Procedural Posture

Industrial Tribunal Unfair Dismissal / Pre Hearing Review

Legal Issues

  1. 1 Whether the tribunal has jurisdiction to determine the claim of unfair dismissal presented outside the statutory time-limits
  2. 2 Whether discretion should be exercised to extend the time-limit for presenting the claim

Ratio Decidendi

The claimant failed to prove on a balance of probabilities that it was not reasonably feasible to present the claim within the statutory time-limit; therefore, the tribunal declined to extend the time and found it had no jurisdiction.

Court Disposition

Claim dismissed for want of jurisdiction

Orders

  • The tribunal does not have jurisdiction to hear the claimant's complaint of unfair dismissal.
  • The claim is dismissed.