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Limitation Act - cause of action accrues

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Good morning

 

I have a question which I would be very grateful if anyone has any insights.

 

I raised a claim for unpaid wages dating back to 2013. The claim was submitted on Friday 1 April 2018 and therefore issued on Monday 4 April 2018. The case was dismissed due to being outside the time limit. This was based on the last day on the time sheet being Friday 2 April 2013.

 

Having read a little around the Limitation act and cause of action accrues does anyone know if the cause of action starts from the last date on the timesheet or when the actual breach of contract took place which was non-payment of the time sheet on Friday 9 April? The arrangement set out to me for the work assignment stipulates that payment is made a week in arrears.

 

Thanks in advance for any advice anyone can offer.

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It starts from the date that the cause of action accrued. This means the date of the breach.


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Thank you for replying so quickly. I appreciate it.

 

If I understood correctly then the breach would be the date of non-payment of the wages and therefore my claim would be within the 6 year limit.

 

if this is the case, does anyone know where I can find any additional information on appealing a decision please? I have looked at the appellant’s notice and is this the only form that would need to be completed? Thanks

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" I raised a claim for unpaid wages dating back to 2013 " 


What months in 2013 ?

Did you only spot the discrepancy Friday 1 April 2018 some 6 years later ?

 

Why the delay ?

 

Andy


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Thank’s for your reply.  The month of the last time sheet was April 2013.

 

No I actually spent a substantial period of time (over a year) trying to get them to pay the unpaid wages, for which I had evidence.

 

The reason I didn’t apply earlier was due to a) financial constraints and b) hesitancy to enter into a court proceeding.

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Hi,

 

Apologies, I wasn’t sure whether to include the real dates so have just used illustrative dates. That’s probably why it doesn’t match actual dates.

 

Friday 5 April 2012 (last date worked on time sheet)

Friday 12 April 2012 was due date of payment as paid weekly in arrears.

claim submitted online via MCOL on Friday 4 April 2018

court claim issued on Monday 7 April 2018.

 

judge dismissed as time barred due to claim being issued on 7 April 2018 and last date on time sheet being 5 April 2018. I’m trying to see if the date of non-payment should have been considered as the date of cause of action and therefore the claim was within the limits.

 

thanks

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