Corr & Ors v Dungannon & South Tyrone Borough Council [2002] NIIT 830_02 (20 September 2002)

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    THE INDUSTRIAL TRIBUNALS

    CASE REF NO: 830/02-840/02

    & 913/02

    APPLICANTS: Corr & Others

    RESPONDENT: Dungannon & South Tyrone Borough Council

    DECISION ON A PRELIMINARY HEARING

    APPEARANCES:

    APPLICANTS: Mr Kiddle, Full-Time Official of UCAT appeared for all the applicants apart from Messrs Beattie and Newton who were unrepresented.

    RESPONDENT: Mr S Elliott, Barrister-at-Law, instructed by McLoughlin & Orr, Solicitors.

  1. The cases had been listed for a preliminary hearing on the time limit issue that they were outside the statutory time limits provided. However the tribunal pointed out to the parties that there was another issue to be considered, namely, whether the applicants had female comparators to bring them within the terms of the Equal Pay Act 1970. Mr Kiddle confirmed that there were no female comparators for any of the applicants and the tribunal then directed that there was no case to be heard under the Equal Pay Act and the claims under that Act were dismissed.

  2. There was no evidence given by any of the applicants in relation to the time point and it was clear to the tribunal that any dispute the applicants had over performance-related bonuses was a contract of employment dispute and was not properly brought as an unlawful deduction from wages. The applicants' representative said that he had had a meeting with the Chief Executive in June 2001 and a further meeting after Christmas. If there had been a case for the tribunal to consider it should have been presented three months after the meeting in June 2001. However after further enquires from the

    3. applicants' representative and submissions from counsel for the respondent it was apparent that this case did not come within any jurisdiction that the tribunal could consider. The applicants are still employed and so there is no claim for breach of contract. They do not amount to claims for unlawful deductions from wages and in the circumstances all these claims are all dismissed as the tribunal has no jurisdiction to determine them. It would appear to this tribunal that negotiations between union and management are what are required in these matters.

    ____________________________________

    M P PRICE

    Vice President

    Date and place of hearing: 20 September 2002, Belfast

    Date decision recorded in register and issued to parties:

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URL: http://www.bailii.org/nie/cases/NIIT/2002/830_02.html