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Fair Employment Tribunal Northern Ireland Decisions
You are here: BAILII >> Databases >> Fair Employment Tribunal Northern Ireland Decisions >> Parker v NCP Services Ltd [2009] NIFET 124_07FET (20 March 2009)
URL: http://www.bailii.org/nie/cases/NIFET/2009/124_07FET.html
Cite as: [2009] NIFET 124_07FET, [2009] NIFET 124_7FET
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FAIR EMPLOYMENT TRIBUNAL
CASE REF: 124/07 FET & 1496/07
CLAIMANT: Thomas Parker
RESPONDENT: NCP Services Limited
DECISION ON AN APPLICATION FOR REVIEW
The decision of the Tribunal is that the review application is granted. The strike-out decision (of 12 January 2009) is revoked.
Constitution of Tribunal:
Chairman (sitting alone): Mr P Buggy
Appearances:
The claimant appeared in person.
The respondent was represented by Mr Michael Lambe of Collinson Grant Limited.
REASONS
1. In these proceedings, the claimant complained of detrimental treatment which he allegedly suffered while employed by NCP Services Ltd. He also complained in respect of what he alleged to be discriminatory constructive dismissal by the respondent. According to the claimant, the alleged discrimination is racial discrimination and religious discrimination.
2. On 12 January 2009, I struck out these proceedings, on the ground that they have not been actively pursued by the claimant, having noted that the claimant had failed to give any reasons as to why such an order should not be made (despite having being given the opportunity to do so by Notice dated 1 December 2008.)
3. The claimant applied for review of that decision. This was the hearing of that application for review. I decided to grant the review, and to revoke the strike-out decision. During the course of the review hearing, I gave my reasons for those determinations. Therefore, my duty to provide reasons for those determinations has already been satisfied. In the following paragraph, I provide some reasons in summary form.
4. First, I was satisfied, on the basis of representations which the claimant made during the course of this review hearing, that the claimant’s omissions in recent months were the result of carelessness (as distinct from being prompted by an explicit determination not to engage constructively in the case management procedures of the Tribunal). Secondly, I had regard to the principles on strike-out decisions which were recently reiterated by the Court of Appeal in Abegaze v Shrewsbury College of Arts and Technology [2009] EWCA Civ 96.
5. The claimant seems to be under the impression, that because he is a party to the proceedings, there is no need for him to provide a witness statement in respect of his own testimony. However, as I explained during the course of this hearing, he is mistaken in that assumption. A witness statement has to be provided by every party in relation to each and every witness who is being put forward to prove that party’s case, even if the relevant witness is the party himself.
6. It has been necessary to modify the arrangements which were originally set out in the record of proceedings in respect of the Case Management Discussion (“CMD”) which took place on 28 July 2008. Those modifications are as follows.
7. The claimant and any witness he wishes to call must provide a witness statement to the representative of the respondent by 31 March 2009. (There is no need to re-present any witness statement which has already been provided).
8. The respondent and any witness they wish to call must provide a witness statement to the claimant by 30 April 2009.
9. If the claimant or any of his witnesses wishes to respond to any evidence given in the respondent’s witness statements, he must provide a supplementary witness statement to the representative of the respondent by 31 May 2009.
10. New dates for the main hearing have been agreed as follows: 22 June – 26 June 2009 inclusive.
11. The claimant must provide the respondent’s representative with a schedule of all financial loss claimed by the claimant, setting out in particular the nature and amount of any such loss claimed and how that sum is made up, by 31 March 2009.
Chairman:
Date and place of hearing: 6 March 2009 at Belfast.
Date decision recorded in register and issued to parties: