Williams v TFR Facilities Ltd [2006] NIIT 852_06 (17 November 2006)

Williams v TFR Facilities Ltd [2006] NIIT 852_06 (17 November 2006)

It was reasonably practicable for the claimant to present his claim within the statutory time limit as he was aware of his rights, had legal advice, and the alleged harassment did not constitute a sufficient impediment. The tribunal therefore lacks jurisdiction to entertain the claim.

Source-derived case information.

Citation
[2006] NIIT 852_06
Parties
Claimant: Paul Richard Williams; Respondent: TFR Facilities Ltd
Jurisdiction
Northern Ireland
Judgment Date
17 November 2006
Procedural Posture
Industrial Tribunal (pre Hearing Review) / Jurisdictional Pre Hearing Review
Outcome
Claim dismissed for want of jurisdiction (out of time)
Legal Topics
Jurisdiction, Time Limits, Unauthorised Deduction of Wages, Definition of Employee
Employment Law Jurisdiction Time Limits Unauthorised Deduction of Wages Definition of Employee

Source-derived case record

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Parties

Paul Richard Williams

Claimant

TFR Facilities Ltd

Respondent

Procedural Posture

Industrial Tribunal (pre Hearing Review) / Jurisdictional Pre Hearing Review

Legal Issues

  1. 1 Whether the tribunal has jurisdiction to entertain the claimant's complaint in view of the time limit for presenting the claim under Article 55 of The Employment Rights (Northern Ireland) Order 1996
  2. 2 Whether the claimant was an employee within the meaning of Article 3 of The Employment Rights (Northern Ireland) Order 1996

Ratio Decidendi

It was reasonably practicable for the claimant to present his claim within the statutory time limit as he was aware of his rights, had legal advice, and the alleged harassment did not constitute a sufficient impediment. The tribunal therefore lacks jurisdiction to entertain the claim.

Court Disposition

Claim dismissed for want of jurisdiction (out of time)