Fair Employment Tribunal Northern Ireland Decisions

 


FAIR EMPLOYMENT TRIBUNAL

CASE REF: 00350/98FET

APPLICANT: Jim Wilson

RESPONDENTS: 1. The Police Authority for Northern Ireland

2. Chief Constable Royal Ulster Constabulary

3. Constable Francis Malachy Norton

DECISION

The unanimous decision of the Tribunal is that the Originating Application is dismissed.

Appearances:

The applicant did not appear and was not represented.

The first and second respondents were represented by Mr I Wimpress, Solicitor of the Crown Solicitors Office.

Mr Jefferson, Solicitor of Edwards & Co, Solicitors on behalf of the third respondent.

Reasons

1. The history of these proceedings is set out in the records of proceedings issued to the parties on 20^th September 2001 and 22^nd January 2002 which are attached to this decision and intended to form part of it.
2. At the hearing on 21^st January 2002 I directed that a further hearing should take place on 5^th February 2002 to enable me to consider whether or not the particulars which the applicant brought to Mr Wimpress on 8^th June 2001 complied with the Order for Further Particulars made in favour of the first and second respondents on 26^th February 2001. I further directed that the applicant should bring those documents to the tribunal on 5^th February 2002 to enable me to consider them.
3. I informed the applicant at that hearing that an Unless Order would be issued giving him until 4^th February 2002 to comply with the Order for Further Particulars made in favour of the third respondent on 14^th June 2001. That Unless Order was issued to the applicant on 22^nd January 2002 together with a copy of the Order for Further Particulars dated 14^th June 2001 and the record of proceedings on 21^st January 2002.
4. On 30^th January 2002 I received a letter from the applicant dated 27^th January 2002 in which he referred to a number of matters including his views as to why I had arranged a further hearing.
5. Mr Wimpress and Mr Jefferson attended the hearing on 5^th February 2002. The applicant did not attend and the documents I directed him to bring to the hearing were not provided. Mr Wimpress and Mr Jefferson indicated that they had received no communication from the applicant. Mr Jefferson also indicated that the Order for Further Particulars made in favour of the third respondent had still not been complied with despite the Unless Order which had been issued on 22^nd January 2002.
6. I am satisfied that the applicant has been given a number of opportunities to comply with the Orders for Further Particulars made in favour of the first, second and third respondents and that he has failed to do so. I am also satisfied that without compliance with the Orders the respondents will not be in a position to properly meet the applicant's case and will therefore be prevented from having a fair hearing. In those circumstances and having regard to the history of these proceedings set out in the records of proceedings, I dismiss the applicant's Originating Application against all three respondents due to his failure to comply with the Orders.

Chairman:

Date:

Date decision recorded in register and issued to parties: 5 February 2002