Fair Employment Tribunal Northern Ireland Decisions

 
FAIR EMPLOYMENT TRIBUNAL

CASE REF: 43/05 FET

CLAIMANT: Peter Stewart Tazzioli

RESPONDENT: Land of Leather

Constitution of Tribunal:

Chairman: Mrs P Smyth

Appearances:

The claimant was unrepresented.

The respondent submitted written representations.

DECISION ON A PRE-HEARING REVIEW

The respondent's application to strike out the claim due to the claimant's failure to comply with an Order for Additional Information dated 19 August 2004 is not acceded to at this stage. The claimant is given an extension of 21 days from today's hearing to comply with the Order. If he does not do so, a Strike Out Notice will be issued.

Reasons

1. The claimant was originally represented by a firm of advisers called 'Employment Rights'. He remained represented by that firm when an Order for Additional Information was made on 19 April 2004.
2. The firm, 'Employment Rights', went into liquidation at some unknown date. The claimant did not understand the implications of the Liquidation Order and believed that another representative would be appointed on his behalf. That was not the case.
3. The claimant told me that he was never informed by his former representatives that an Order had been made against him. He spoke with his former representatives only twice by telephone, and he received no documentation from them.
4. The respondent who was unaware of the position concerning the claimant's representative, continued to send reminders in relation to the Order, but no response was forthcoming.
5. I explained to the claimant that he was required to answer the questions contained in the Schedule to the Order, and that if he did not do so his claim may be struck out. In the circumstances outlined above I am prepared to extend the time for replying to the Order one last time. I therefore extend the time for compliance by 21 days from today's hearing.
6. The respondent applied for the costs of the application. I reserve the issue of costs.

Chairman:

Date and place of hearing: 20 April 2006, Belfast

Date decision recorded in register and issued to parties: