While the HRTO
ultimately dismissed the application due to the failure of the employee to provide sufficient evidence to establish her eldercare obligations, its discussion of the appropriate test to applied to family status cases is significant.
Not exact matches
Ultimately Mr. Justice Betton
dismissed the Defendants
application and ordered that costs be paid to the Plaintiff.
The result
ultimately turned on the
application of s 14A of the Limitation Act 1980 (LA 1980) and the claim, which otherwise would have succeeded, was
dismissed as statute barred.
The Defendant's
application was
ultimately dismissed on the merits but prior to doing so Madam Justice Bruce provided the following reasons confirming the 7 day jury strike deadline is not strictly applied under the current rules: