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You are here: BAILII >> Databases >> Industrial Tribunals Northern Ireland Decisions >> McAree v Conway Street Community Enterp... [2013] NIIT 02232_12IT (20 March 2013) URL: http://www.bailii.org/nie/cases/NIIT/2013/2232_12IT.html Cite as: [2013] NIIT 2232_12IT, [2013] NIIT 02232_12IT |
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THE INDUSTRIAL TRIBUNALS
CASE REF: 2232/12
CLAIMANT: Daniel McAree
RESPONDENT: Conway Street Community Enterprises Project Limited
DECISION
The unanimous decision of the tribunal is that it does not have jurisdiction to entertain the claimant’s unfair dismissal complaint in view of the provisions of Article 145 of The Employment Rights (Northern Ireland) Order 1996. The claimant’s unfair dismissal complaint is dismissed.
Constitution of Tribunal:
Chairman: Ms M Bell
Members: Ms N Kearney
Mr M McKeown
Appearances:
The claimant was self-represented.
The respondent was represented by Mr Patrick Moore of MCL Associates Limited.
1. The claimant in his claim complained that the respondent had unfairly dismissed him by reason of redundancy.
2. The respondent resisted the claimant’s complaint.
3. It was confirmed by parties at the outset of the hearing that the claimant was employed by and that correct title of the respondent is Conway Street Community Enterprises Project Limited. The title of the proceedings is accordingly amended from, ‘Joe Quinn Conway Mill Preservation Trust’, to ‘Conway Street Community Enterprises Project Limited’.
4. The preliminary issue for the tribunal was whether it had jurisdiction to entertain the claimant’s unfair dismissal complaint in view of the time-limit for presentation thereof set out at Article 145 of the 1996 Order.
5. Based on the agreed bundle of documentation provided and oral evidence of the claimant the tribunal is satisfied that it was reasonably practicable for the claimant to present his claim before the end of three months beginning with the effective date of termination.
6. Reasons for the decision were given at the hearing.
7. This is a relevant decision for the purposes of the Industrial Tribunals (Interest) Order (Northern Ireland) 1990.
Chairman:
Date and place of hearing: 5 March 2013, Belfast.
Date decision recorded in register and issued to parties: