Wallace v Warmflow Engineering Co Ltd [2007] NIIT 808_06 (19 January 2007)

Wallace v Warmflow Engineering Co Ltd [2007] NIIT 808_06 (19 January 2007)

The claim was presented more than three months after the effective date of termination and there was no evidence it was not reasonably practicable to present it in time; therefore, the claim is out of time and must be dismissed.

Source-derived case information.

Citation
[2007] NIIT 808_06
Parties
Claimant: Samuel James Wallace; Respondent: Warmflow Engineering Co Ltd
Jurisdiction
Northern Ireland
Judgment Date
19 January 2007
Procedural Posture
Unfair Dismissal Claim / Preliminary Issue on Limitation
Outcome
claim dismissed
Legal Topics
Unfair Dismissal, Limitation Period, Reasonable Practicability
Employment Law Unfair Dismissal Limitation Period Reasonable Practicability

Source-derived case record

Summary, issues, holding and outcome

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Parties

Samuel James Wallace

Claimant

Warmflow Engineering Co Ltd

Respondent

Procedural Posture

Unfair Dismissal Claim / Preliminary Issue on Limitation

Legal Issues

  1. 1 Whether the claim for unfair dismissal was presented within the statutory time limit
  2. 2 Whether it was reasonably practicable for the claim to be presented in time

Ratio Decidendi

The claim was presented more than three months after the effective date of termination and there was no evidence it was not reasonably practicable to present it in time; therefore, the claim is out of time and must be dismissed.

Court Disposition

claim dismissed