Claimant v 186 Restaurant Co (in Voluntary Liquidation)
Outcome
Individual claims
Claimant had less than two years continuous service. Section 108 ERA 1996 requires not less than two years service to bring an unfair dismissal complaint. Claimant failed to provide acceptable reason why claim should not be struck out.
Facts
Miss May was employed by 186 Restaurant Co for less than two years before being dismissed. The respondent company has since entered voluntary liquidation. The claimant brought an unfair dismissal claim along with other complaints.
Decision
The tribunal struck out the unfair dismissal claim because the claimant lacked the requisite two years continuous service required by section 108 ERA 1996. The claimant was given an opportunity to provide reasons why the claim should not be struck out but failed to do so. The claimant's other complaints remain unaffected.
Practical note
Unfair dismissal claims require a minimum of two years continuous service under section 108 ERA 1996, and claims lacking this qualifying period will be struck out even where the respondent is in liquidation.
Legal authorities cited
Statutes
Case details
- Case number
- 2303917/2023
- Decision date
- 3 April 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- hospitality
- Represented
- No
Employment details
- Service
- 2 years
Claimant representation
- Represented
- No