Elgin v Wild Duck Inn [2003] NIFET 250_01 (8 August 2003)

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Fair Employment Tribunal Northern Ireland Decisions
You are here: BAILII >> Databases >> Fair Employment Tribunal Northern Ireland Decisions >> Elgin v Wild Duck Inn [2003] NIFET 250_01 (8 August 2003)
URL: http://www.bailii.org/nie/cases/NIFET/2003/250_01.html
Cite as: [2003] NIFET 250_01, [2003] NIFET 250_1

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    FAIR EMPLOYMENT TRIBUNAL

    CASE REF: 250/01 FET

    APPLICANT: Leanne Elgin

    RESPONDENT: Wild Duck Inn

    DECISION

    The unanimous decision of the Tribunal is that the applicant's complaint was not brought within the statutory time limit and it would not be just and equitable to consider the said complaint despite the fact that it is out of time. The Originating Application is therefore dismissed, as the Tribunal has no jurisdiction to hear the said complaint.

    Appearances:

    The applicant did not appear and was not represented.

    The respondent was represented by Ms H Gibson, Barrister-at-Law, instructed by McManus & Kearney, Solicitors.

  1. Case was listed for hearing to consider the following preliminary issues:-

    2. (1) "Was the application presented within the specified time limit?
    (2) If not, is it just and equitable, in all the circumstances, for the Fair Employment Tribunal to consider this complaint despite the fact that it is out-of-time?"

  2. In the absence of the applicant or any representative on her behalf the Tribunal, in accordance with Rule 7(3) and Rule 8(3) of Schedule 1 of the Fair Employment Tribunal (Rules of Procedures) Regulations (Northern Ireland) 1989, treated the contents of the applicant's Originating Application as representations in writing and further considered same before dismissing her Originating Application as aforesaid.

  3. The Fair Employment & Treatment (Northern Ireland) Order 1998 provides as follows:-

    4. Article 46 – (1)
    Subject to Paragraph (5), the Tribunal shall not consider a complaint under Article 38 unless it is brought before whichever is the earlier of –
    (a) the end of the period of three months beginning with the day on which the complainant first had knowledge, or might reasonably be expected first to have had knowledge, of the act complained of; or
    (b) the end of the period of six months beginning with the day on which the act was done.

    ...
    (5) The Court or the Tribunal may nevertheless consider any such complaint, claim or application which is out-of-time if, in all the circumstances of the case, it considers that it is just and equitable to do so.

  4. The applicant presented her Originating Application to the Fair Employment Tribunal on 8 May 2001. In Paragraph 8 of the said Originating Application she stated:-

    5. "When did the matter of which you are complaining happened? – 22/1/01
    When did you first know about this matter? – 22/1/01 at 11.00 am

    It further appeared from Paragraph 9 of the said Originating Application that the act of discrimination complained of by the applicant related to the termination of her employment with the respondent on 22 January 2001.

  5. Ms Gibson submitted the complaint was out-of-time and that no grounds had been shown by the applicant to extend the said time limits on the just and equitable grounds.

  6. Having considered the submissions of Ms Gibson, and the contents of the applicant's Originating Application as aforesaid, the Tribunal was satisfied that the applicant's complaint had not been brought within the said statutory time limit. The Tribunal further was not satisfied that in the circumstances any proper grounds had been established by the applicant to enable the Tribunal to exercise its discretion to extend the said time limit on the just and equitable grounds.

  7. The Originating Application of the applicant was therefore dismissed, as the Tribunal has no jurisdiction to hear the said complaint.

    8. Chairman:

    Date and place of hearing: 8 August 2003, Belfast

    Date decision recorded in register and issued to parties:

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URL: http://www.bailii.org/nie/cases/NIFET/2003/250_01.html