Gibson v St Patrick Visitor Centre Ltd [2012] NIIT 00532_12IT (16 January 0 2012)

Gibson v St Patrick Visitor Centre Ltd [2012] NIIT 00532_12IT (16 January 0 2012)

The effective date of termination was 20 December 2011, as communicated in writing and orally to the claimant. Due to misleading and conflicting information provided by the respondent regarding the termination date, it was not reasonably practicable for the claimant to present his claim within three months. The claim was presented within a reasonable time thereafter, granting the tribunal jurisdiction to consider the claim.

Citation
[2012] NIIT 00532_12IT
Parties
Claimant: Andrew Gibson; Respondent: St Patrick Visitor Centre Ltd
Jurisdiction
Northern Ireland
Procedural Posture
Industrial Tribunal Unfair Dismissal / Pre Hearing Review
Outcome
Tribunal has jurisdiction to consider the claimant’s claim of unfair dismissal.
Legal Topics
Unfair Dismissal, Jurisdiction, Effective Date of Termination, Time Limits, Whistleblowing
Employment Law Unfair Dismissal Jurisdiction Effective Date of Termination Time Limits Whistleblowing

Case Brief

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Parties

Andrew Gibson

Claimant

St Patrick Visitor Centre Ltd

Respondent

Procedural Posture

Industrial Tribunal Unfair Dismissal / Pre Hearing Review

Legal Issues

  1. 1 What was the effective date of termination of the claimant’s contract of employment?
  2. 2 Was the claimant’s claim of unfair dismissal presented within the statutory time limit or within a further period considered reasonable by the tribunal?

Ratio Decidendi

The effective date of termination was 20 December 2011, as communicated in writing and orally to the claimant. Due to misleading and conflicting information provided by the respondent regarding the termination date, it was not reasonably practicable for the claimant to present his claim within three months. The claim was presented within a reasonable time thereafter, granting the tribunal jurisdiction to consider the claim.

Court Disposition

Tribunal has jurisdiction to consider the claimant’s claim of unfair dismissal.

Orders

  • A Case Management Discussion will be arranged for further case-management directions/orders for the substantive hearing.