CASE REF: 00403/01FET
CLAIMANT: Albert John Titterington
RESPONDENT: Institute of Management
The decision of the Tribunal is that under Rule 32(3) of the Fair Employment Tribunal (Rules of Procedure) Regulations (Northern Ireland) 2005 I as a Chairman of the Tribunal sitting alone heard this application for review on a preliminary issue and refused the application by the claimant on the following grounds.
Constitution of Tribunal:
Chairman: Mr P Cross
The claimant appeared in person.
The respondent was not represented and did not appear before the tribunal.
(i) new evidence becoming available since the making of the decision.
(ii) the interests of justice require a review.
"But I do not think that it would be right to drive a litigant from the judgment seat without a determination of the issues as a punishment for his conduct, however deplorable, unless there was a real risk that that conduct would render the further
conduct or proceedings unsatisfactory. The Court must always guard itself against the temptation of allowing its indignation to lead to a miscarriage of justice".
Date and place of hearing: 10 October 2005, Belfast.
Date issued to parties: