McCavanagh v W Stuart Marshall Ministry of Defence [2013] NIIT 1379_13IT (20 December 2013)

McCavanagh v W Stuart Marshall Ministry of Defence [2013] NIIT 1379_13IT (20 December 2013)

The Tribunal has no jurisdiction to hear the complaint as the claimant had not lodged and had determined a service complaint prior to presenting his claim to the Industrial Tribunal.

Citation
[2013] NIIT 1379_13IT
Parties
Claimant: Mark McCavanagh; Respondent: W Stuart Marshall; Respondent: Ministry of Defence
Jurisdiction
Northern Ireland
Judgment Date
20 December 2013
Procedural Posture
Industrial Tribunal / Pre Hearing Review
Outcome
Claim struck out for want of jurisdiction
Legal Topics
Race Discrimination, Jurisdiction, Armed Forces Employment, Service Complaints Procedure
Employment Law Discrimination Law Race Discrimination Jurisdiction Armed Forces Employment Service Complaints Procedure

Case Brief

Summary, issues, holding and outcome

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Parties

Mark McCavanagh

Claimant

W Stuart Marshall

Respondent

Ministry of Defence

Respondent

Procedural Posture

Industrial Tribunal / Pre Hearing Review

Legal Issues

  1. 1 Whether the Industrial Tribunal has jurisdiction to hear a complaint of unlawful race discrimination by a serving member of the armed forces before a service complaint has been determined

Ratio Decidendi

The Tribunal has no jurisdiction to hear the complaint as the claimant had not lodged and had determined a service complaint prior to presenting his claim to the Industrial Tribunal.

Court Disposition

Claim struck out for want of jurisdiction

Orders

  • The claim is struck out as the Tribunal has no jurisdiction to deal with it.