Williams v TFR Facilities Ltd [2007] NIIT 852_06 (5 January 2007)

Williams v TFR Facilities Ltd [2007] NIIT 852_06 (5 January 2007)

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 threats did not constitute a sufficient impediment; therefore, the tribunal has no jurisdiction to entertain the claim.

Citation
[2007] NIIT 852_06
Parties
Claimant: Paul Richard Williams; Respondent: TFR Facilities Ltd
Jurisdiction
Northern Ireland
Judgment Date
05 January 2007
Procedural Posture
Industrial Tribunal Pre Hearing Review / Jurisdictional Preliminary Issue
Outcome
Claim dismissed for want of jurisdiction due to late presentation.
Legal Topics
Time Limits for Claims, Jurisdiction, Employee Status, Unauthorised Deduction of Wages
Employment Law Time Limits for Claims Jurisdiction Employee Status Unauthorised Deduction of Wages

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Parties

Paul Richard Williams

Claimant

TFR Facilities Ltd

Respondent

Procedural Posture

Industrial Tribunal Pre Hearing Review / Jurisdictional Preliminary Issue

Legal Issues

  1. 1 Whether the tribunal has jurisdiction to entertain the 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 threats did not constitute a sufficient impediment; therefore, the tribunal has no jurisdiction to entertain the claim.

Court Disposition

Claim dismissed for want of jurisdiction due to late presentation.