Fair Employment Tribunal Northern Ireland Decisions

 


THE INDUSTRIAL TRIBUNALS

CASE REF: 890/04

APPLICANT: Michael Rice

RESPONDENT: Social Security Agency H.Q.

DECISION

This originating application is struck out on the grounds that the manner in which the applicant has conducted these proceedings was abusive and disruptive.

During the course of the hearing of this case the applicant, who was not represented, left the hearing room on three occasions while the case was proceeding. On his return for the third time and on being invited to give evidence the applicant left the hearing room for the fourth time. He was informed at this stage that the tribunal would rise for lunch and sit again at 2.00 pm. The applicant failed to return to the hearing at 2.00 pm

A Notice was sent to the applicant dated 19 November 2004 warning him that the tribunal intended to strike out the originating application on the grounds that the manner in which the applicant had conducted the proceedings had been abusive and disruptive. By that Notice he was given the opportunity to give reasons as to why such a step should not be taken.

The applicant replied to this Notice in writing saying:-

"Mr Rice has not found any liability or evidence of the alleged abuse or disruptiveness in his manner, and is accepting no liability of the matter".

As the applicant has not dealt in any way with the abusive and disruptive manner in which he conducted the proceedings at the hearing as set out above, culminating in his failure to return to the tribunal after lunch to prosecute his case the tribunal has concluded that the applicant's behaviour at the hearing and subsequently in failing to acknowledge the abusiveness and disruptiveness of his behaviour has left the tribunal with no option but to strike out his complaint in accordance with Rule 15(2)(d) of the Industrial Tribunals Rules of Procedure 2004.

Chairman:

Date:

Date decision recorded in register and issued to parties: