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Galbraith v Short Brothers PLC (Preliminary Issues : Employment Rights) [2002] NIIT 1286_01 (25 June 2002)

THE INDUSTRIAL TRIBUNALS

CASE REF: 1286/01

APPLICANT: Laurence Galbraith

RESPONDENT: Short Brothers PLC

DECISION ON A PRELIMINARY ISSUE

The unanimous decision of the tribunal is that an industrial tribunal has jurisdiction to consider the applicant's complaint of contravention of Article 26 of the Employment Rights (Northern Ireland) Order 1996 ("the Order").

Appearances:

The applicant was represented by Mr John O'Neill of Thompsons McClure, Solicitors

The respondent was represented by Mr Harry Coll of Elliott Duffy Garrett, Solicitors.

1. These reasons are given in summary form.
2. The applicant in these proceedings is also an applicant in proceedings, against the same respondent, which are pending in the Fair Employment Tribunal. The FET proceedings arise out of precisely the same factual context as the context which is the basis for these industrial tribunal proceedings.
3. This case was listed before this tribunal for the purpose of determining the following preliminary issue:-

"To consider the jurisdiction of the Tribunal to determine the claim".

4. For the applicant, Mr O'Neill informed us that the applicant's industrial tribunal proceedings were concerned solely with the assertion that there had been a contravention of Article 26 of the Order ("refusal of employment on grounds related to union membership").
5. Both parties are satisfied that an industrial tribunal has jurisdiction, in the circumstances of this case, to consider a complaint of contravention of Article 26 of the Order. This tribunal is also satisfied to that effect and we decide the preliminary issue accordingly.

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Date and place of hearing: 25 June 2002, Belfast

Date decision recorded in register and issued to parties: