Morrissey v BBC Northern Ireland [2004] NIIT 6431_03 (25 March 2004)


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Industrial Tribunals Northern Ireland Decisions
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URL: http://www.bailii.org/nie/cases/NIIT/2004/6431_03.html

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    THE INDUSTRIAL TRIBUNALS

    CASE REF: 6431/03

    APPLICANT: Brian Gerard Morrissey

    RESPONDENT: BBC Northern Ireland

    DECISION ON PRELIMINARY ISSUES

    The unanimous decision of the tribunal is that the originating application of 29 September 2003 does not disclose a claim for unfair dismissal. The additional paragraph 13 of 24 October 2003 does disclose a claim for unfair dismissal but is out of time. The tribunal extends time to bring the claim for unfair dismissal to 24 October 2003.

    Appearances:

    The applicant appeared in person.

    The respondent was represented by Ms J Blair of Judith Blair, solicitors.

  1. These reasons are given in summary form.

  2. The applicant claims a redundancy payment and unfair dismissal. He did so by an originating application of 29 September 2003 and an additional paragraph 13 of 24 October 2003. The respondent denied the applicant's claims. It further asserted that the originating application of 29 September 2003 and the additional paragraph 13 did not disclose a claim for unfair dismissal and if the originating application of 29 September 2003 did not disclose a claim for unfair dismissal such a claim was out of time.

  3. Accordingly the following preliminary issues were listed for determination:-

    4. (i) Is the originating application capable of amendment to include a claim of unfair dismissal?

    (ii) If not, is the claim for unfair dismissal within time and if it is not within time, should time be extended?

  4. The tribunal made the following findings:-

    5. (a) The respondent employed the applicant. The applicant states he was employed from October 1995 to 30 June 2003. The respondent says his period of continuous employment was from 25 September 2000 to 30 June 2003.

    (b) The applicant's employment ended on 30 June 2003, by reason of redundancy according to the applicant and by reason of the coming to an end of a number of extensions and variations of his contract according to the respondent.

    (c) The originating application of 29 September 2003 does not disclose a claim for unfair dismissal.

    (d) The additional paragraph 13 of 24 October 2003 does disclose a claim for unfair dismissal pleads new facts and amounts to a new claim.

    (e) The claim for unfair dismissal is late by 25 days and thus the time limits for making a claim must be considered.

    (f) It was not reasonably practicable for the applicant to bring his claim for unfair dismissal within the statutory 3 months, as he only became aware that he might have such a claim after 17 October 2003.

    (g) The applicant brought his claim for unfair dismissal within a further reasonable period.

    (h) The tribunal extends the time to bring a claim for unfair dismissal to 24 October 2003.

    (i) Accordingly these claims will now proceed to hearing.

    Chairman:

    Date and place of hearing: 25 March 2004, Belfast.

    Date decision recorded in register and issued to parties:

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URL: http://www.bailii.org/nie/cases/NIIT/2004/6431_03.html