FAIR EMPLOYMENT TRIBUNAL
CASE REF NO: 32/02FET
APPLICANT: Patrick Magee
RESPONDENTS: 1. Lisburn Borough Council
2. The Local Government Staff NI
3. Jim Dillon
4. Billy Gilpin
5. Colin McClintock
6. Brian Porter
7. Ricky Burnett
8. The Management Consultant
DECISION ON A PRELIMINARY ISSUE
The unanimous decision of the Tribunal is that the applicant's claim was not presented within the statutory time limits and is therefore dismissed.
APPEARANCES:
APPLICANT: The applicant appeared in person.
RESPONDENTS: Mr P Coll, Barrister-at-Law, for all respondents except the eighth-named respondent, instructed by Elliott Duffy Garrett, Solicitors..
- The applicant gave evidence and stated that he had been employed by the respondent Council for many years. He applied for a position of management services officer on 1 August 2001 and was assessed on 14 August 2001. He was informed that his application would not proceed to an interview stage. He was very aggrieved and disappointed and complained to his immediate superior, Brian Porter, who referred him to Personnel. He went to see Mr Jess within an hour and again explained his grievance and annoyance about the job.
- He stated to the Tribunal that he was not appointed because 'his face did not fit because he was the only nationalist in the department of 22 people'. He continued to write to the Northern Ireland Local Government Staff Commission and to Mr Hanna. He challenged the competence of his assessor and he asked for his submission to be returned to him. Correspondence ensued up until 18 December 2001 when the respondent informed him that they had nothing further to add. He rang the Equality
Commission and the first appointment was 9 January 2002. He received an originating application and lodged it with the Office of the Industrial Tribunals and the Fair Employment Tribunal on the same day.
- The applicant was questioned by Counsel and the salient evidence was that he was very aggrieved on 14 August and stated that he felt it was yet another act of discrimination against him. This evidence was accepted by the Tribunal as the date on which a cause of action crystallised in the applicant's mind. We are satisfied that he is an intelligent man and he has felt very aggrieved in the past about his treatment with the respondent. He is aware that his allegations relate to his nationality and/or political opinion and he is aware that there are time limits. He was pursuing a grievance in relation to this position with the Local Staff Commission and with his employers and there was no impediment whatsoever that would have stopped him presenting a complaint to the Fair Employment Tribunal while this process was ongoing. The Tribunal does not accept that it should extend the time limit and exercise its discretion in this case. The applicant was quite able to present his claim in relation to this appointment within the three months from 14 August 2001. Accordingly we dismiss the originating application as it is outside the statutory time limits.
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M P PRICE
Vice President
Date and place of hearing: 15 November 2002, Belfast.
Date decision recorded in register and issued to parties:
