THE INDUSTRIAL TRIBUNALS
CASE REF: 9502/03
APPLICANT: Catherine Magowan
RESPONDENTS: David and Anne Laird
DECISION
The unanimous decision of the tribunal is that the applicant had not been continuously employed for a period of one year as required under the Employment Rights (Northern Ireland) Order 1996 and accordingly the applicant's complaint of unfair dismissal is outside the jurisdiction of the tribunal.
Appearances:
There was no appearance by or on behalf of the applicant.
Mr David Laird appeared on behalf of both respondents.
- The Originating Application of the applicant was listed for a decision on the preliminary issue as to whether the tribunal had jurisdiction to determine the complaint of unfair dismissal in light of the requirements of Article 140 of the Employment Rights (Northern Ireland) Order 1996. There being no appearance or notice of withdrawal by the applicant the tribunal in reaching its decision considered the originating application and documentation furnished to the tribunal by the respondent and identified as exhibits "R1, R2 and R3".
- From the evidence presented the tribunal concluded that the respondents from 16 December 2002 to 14 October 2003 employed the applicant.
- Article 126 of the Employment Rights (Northern Ireland) Order 1996 provides that an employee has the right not to be unfairly dismissed by his employer. However, this right is subject to certain provisions in particular Article 140. Article 140(1) provides that Article 126 does not apply to the dismissal of an employee unless he has been continuously employed for a period of not less than one year ending with the effective date of termination. Article 140(3) provides that in certain circumstances an employee will retain the right not to be unfairly dismissed irrespective of the period of continuous employment. The applicant's Originating Application disclosed no evidence that she satisfied any of the circumstances set out at Article 140(3).
- The tribunal concluded that the respondent did dismiss the applicant but that the tribunal did not have jurisdiction to determine the complaint of unfair dismissal in light of the fact set out at paragraph 2 and the provisions of Article 140 of the Employment Rights (Northern Ireland) Order 1996.
Chairman:
Date and place of hearing: 7 September 2004, Belfast.
Date decision recorded in register and issued to parties:
