Graham v Leisure Tours NI Limited Posted In: Case Law
Legal BodyNorthern Ireland Industrial Tribunal (NIIT)
Type of Claim / JurisdictionUnfair Dismissal, Working Time and Leave, Tribunal Practice, Procedures and Jurisdictional Issues
The claimant brought a claim for constructive unfair dismissal as well as arrears in pay, including holiday pay. The primary issue dealt with in this case was whether the claimant had presented his case within time. The claimant’s employment ended on 12th March 2018 but the claim was not presented to the Industrial Tribunal until 7th September 2018.
In terms of outlining the law - for unauthorised deductions from wages, the claim should be presented, in line with Article 55(2) of the Employment Rights (NI) Order 1996, within 3 months from the date of payment of the wages from which the alleged deduction was made.
In terms of unfair dismissal, the same three month time
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