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Fair Employment Tribunal Northern Ireland Decisions
You are here: BAILII >> Databases >> Fair Employment Tribunal Northern Ireland Decisions >> O'Hara v Cairns International Transport [2009] NIFET 26_08FET (13 March 2009)
URL: http://www.bailii.org/nie/cases/NIFET/2009/26_08FET.html
Cite as: [2009] NIFET 26_08FET, [2009] NIFET 26_8FET
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FAIR EMPLOYMENT TRIBUNAL
CASE REF: 26/08 FET
CLAIMANT: John O’Hara
RESPONDENT: Cairns International Transport Ltd
Constitution of Tribunal:
Chairman (sitting alone): Mr P Buggy
Appearances:
The claimant was not present and was not represented.
The respondent was not present and was not represented.
DECISION
The claims are struck out because the claimant has not actively pursued them.
REASONS
In these proceedings, the claimant complains in respect of his dismissal. He says that this was a discriminatory dismissal, contrary to the Fair Employment and Treatment (Northern Ireland) Order 1998.
The overriding objective of the Fair Employment Tribunal Regulations is to enable tribunals and Chairmen to deal with cases justly. Dealing with a case justly, in that context, includes ensuring that it is dealt with expeditiously, and saving expense. The parties are under an obligation to assist the tribunal or a Chairman to further the overriding objective.
One of the ways in which the overriding objective is pursued is by applying Case Management techniques.
A Case Management Discussion (“CMD”) was arranged for 11 December 2008, for the purpose of addressing all of the matters which are usually addressed in the course of a full “discrimination” CMD. The claimant was not present at that CMD, and was not represented. No reason for his non-attendance was ever provided to the Office of the Tribunal. A further CMD was arranged for 17 December 2008. The claimant was not present and was not represented at that CMD. No explanation for his non-attendance was ever provided to the Office of the Tribunal. A further CMD was arranged for 9 January 2009. The claimant was not present or represented at that CMD. No explanation was ever provided to the Office of the Tribunal in relation to that non-attendance. On 19 January 2009, the claimant was notified that a Chairman was minded to strike out his claim on the ground that it had not been actively pursued unless he gave reasons in writing why the claim should not be struck out. No such reasons were given. There was no attendance by or on behalf of the claimant at the hearing (on 4 March 2009). No explanation for the claimant’s non-attendance has been provided to the Office of the Tribunal.
Against that background, I am satisfied that the claim should be struck out on the grounds that it has not been actively pursued. In particular, the claimant has failed to assist Chairmen of this Tribunal in their duty to further the overriding objective (as referred to above), by not participating in Case Management Discussions.
Chairman:
Date and place of hearing: 4 March 2009 at Belfast
Date decision recorded in register and issued to parties: