The way is now clear for the Employment Rights Tribunal (ERT) to hear the unfair dismissal claim of a former employee of distribution firm Bryden Stokes Limited, the tribunal’s chairman announced Thursday.
Retired High Court Judge Christopher Blackman QC made the announcement as he delivered his procedural ruling on the company’s challenge of the tribunal’s jurisdiction to hear the case of Donville Jones.
The company contended that Jones’ letter of termination dated December 2, 2015 informed him of his right to appeal.
But Justice Blackman said that Bryden Stokes later refused the former employee’s request to appeal his termination on the ground that six months had passed and that the claimant had not appealed to the ERT within the prescribed time.
The chairman said that after taking evidence from Labour Officer Gail Grant that Jones’ complaint to the Labour Department was received the same day he was fired, “the tribunal is satisfied that the claim is properly before it and that indeed, there is no need for the exercise of any discretion”.
The tribunal noted that in December 2015, Section 42 (1) of the Employment Rights Act provided that an employee who believed there had been an infringement of any right conferred on him by the Act, may present his complaint to the Chief Labour Officer.
Justice Blackman said that that section was amended in February 2017 to require that the complaint may be made in writing.
“The substantive issue as to the fairness of the dismissal would now be set down for hearing on a date to be fixed,” he ruled.
(EJ)
