Fair Employment Tribunal Northern Ireland Decisions

FAIR EMPLOYMENT TRIBUNAL

CASE REF: 176/03FET

181/03FET

355/03FET

5294/03

CLAIMANT: Paul Joseph Hannan

RESPONDENTS: 1. Bombardier Shorts

2. Stephen Galway

DECISION ON A PRE-HEARING REVIEW

With the agreement of the parties the decision is that:-

(1) an Unless Order will be issued to the first named respondent putting it on notice that unless the Order for Discovery made in favour of the claimant on 3 August 2007, which required the first named respondent to provide discovery to the claimant by 20 March 2009, following an extension from 19 January 2009, is complied with by 3 June 2009, the response will be struck out and the first named respondent will be debarred from defending these proceedings;

(2) an Order requiring the first named respondent to provide answers to written questions by 3 June 2009 will be made.

In addition Mr Murphy undertook to provide:-

(i) the first named respondent’s response to the claimant’s statement of case;

and

(ii) details in relation to pay rises the claimant would have received;

to Mr Kilpatrick by 3 June 2009.

Constitution of Tribunal:

President (sitting alone): Miss Eileen McBride

Appearances:

The claimant was represented by Mr G Kilpatrick, Solicitor, of Thompsons McClure, Solicitors.

The respondents were represented by Mr R Murphy of the Engineering Employers Federation.

Reasons

The issue to be determined at this Pre Hearing Review was whether the first named respondent’s response should be struck on the grounds that the manner in which the first named respondent has conducted the proceedings has been scandalous, unreasonable and/or vexatious.

At the outset of the Hearing Mr Kilpatrick sought an Unless Order in relation to the Order for Discovery. Mr Murphy confirmed that without discovery the claimant could not receive a fair hearing and he agreed that an Unless Order should be made against the first named respondent. An Unless Order will therefore be issued to the first named respondent putting it on notice that unless the Order for Discovery made on 3 August 2007, which required the respondent to provide discovery to the claimant by 20 March 2009, following extension from 19 January 2009, is complied with by 3 June 2009, the response will be struck out and the respondent will be debarred from defending these proceedings without any further notice or hearing. A copy of the Unless Order and the original Order for Discovery together with the request for discovery dated 16 April 2009 is attached to this decision.

Mr Kilpatrick also sought an Order requiring the first named respondent to provide Answers to Written Questions he had issued on 16 April 2009 and Mr Murphy indicated that he had no objection to an Order being made. An Order will therefore be made and a copy of the Order is attached to this decision.

Mr Murphy undertook to provide Mr Kilpatrick with:-

(i) the first named respondent’s response to the claimant’s statement of case;

and

(ii) details in relation to pay rises the claimant would have received;

by 3 June 2009.

The case will remain listed from 24 August to 11 September 2009.

______________________________________

E McBride

President

Date and place of hearing: 20 May 2009, Belfast

Date decision recorded in register and issued to parties: