O'Neill v Barnado's Diane Winters Kerry-Ann Van Niekirk Dean Taylor Pogue

The unanimous decision of the tribunal is that the claimant is not entitled to bring proceedings claiming that she was unfairly dismissed, as she failed to make her claim to the tribunal within the time allowed and the tribunal does not exercise its discretion to extend the time so allowed.

The claimant appeared in person and was not represented, however she was assisted by an interpreter, Ms Sherwood.

The respondent was represented by Mr H Burns, the Personnel Manager of the respondent company.

2.������ The factory employs 225 people of whom 150 are graders. �A very large number of the employees are Polish like the claimant. �The claimant worked in the trouser department.

��������� Over a period of a few months she was disciplined on a number of occasions for mistakes in the grading that she was doing. �Finally on 2 March the claimant was dismissed for consistently producing sub standard work. �She was given one week�s notice and her last day was 7 March 2012. �She was offered an appeal but no appeal was received by the respondent. �The claimant said that she did submit an appeal but did not retain a copy.