NIIT It is the unanimous decision of the tribunal that the dismissal of the claimant was unfair both on statutory procedural grounds and general procedural grounds. However, the tribunal also considered that there was very little chance that the claimant would have been retained in employment even had the full statutory procedures been observed. Accordingly, the tribunal has assigned a deduction of 95% from the compensation to be paid to the claimant to reflect that there was a very small chance that she would have been retained in employment, with a further deduction of 95% in respect of her contributory fault. The tribunal noted that the claimant’s claim was not received pursuant to Article 145(2)a before the end of the period of three months beginning with the effective date of termination, but found that it was received within a further period that the tribunal considered reasonable being satisfied that it was not reasonably practicable for the complaint to be presented before the end of the period of three months. The respondent is ordered to pay the claimant andpound;974.70 in compensation.
Citations:
[2012] NIIT 02872 – 10IT
Links:
Jurisdiction:
Northern Ireland
Employment
Updated: 12 November 2022; Ref: scu.469067