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Fair Employment Tribunal Northern Ireland Decisions
You are here: BAILII >> Databases >> Fair Employment Tribunal Northern Ireland Decisions >> Slebioda v James A S Finlay Limited [2010] NIFET 170_09FET (23 June 2010)
URL: http://www.bailii.org/nie/cases/NIFET/2010/170_09FET.html
Cite as: [2010] NIFET 170_09FET, [2010] NIFET 170_9FET
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FAIR EMPLOYMENT TRIBUNAL
CASE REFS: 224/09 FET
7080/09
170/09 FET
6670/09
CLAIMANT: Justina Slebioda
RESPONDENTS: 1. James A S Finlay Limited
2. Mark McGlade
3. Kelly Beckett
DECISION ON A PRE-HEARING REVIEW
The decision of the Tribunal is that the claimant’s claims are reinstated.
Constitution of Tribunal:
Chairman (sitting alone): Mr P Kinney
Appearances:
The claimant was represented by Mr P Vernon, Solicitor, of G R Ingram, Solicitors.
The respondents were represented by Mr Warnock, Barrister-at-Law, instructed by Elliott Duffy Garrett, Solicitors.
Issues
1. This pre-hearing review was listed to determine the issues set out below:-
(1) Whether the Tribunal has a discretion to extend the time for compliance with an ‘Unless Order’ after the original time for compliance has expired.
(2) If so, should that discretion be exercised in favour of the claimant in this case.
(3) If there is no such discretion or that it is not appropriate to exercise a discretion in this case, whether it is appropriate to review the decision to strike-out the claimant’s claim and provide relief from sanction.
2. I heard submissions from Mr Warnock and Mr Vernon and was helpfully provided with a skeleton argument from Mr Warnock together with a list of authorities.
3. At the outset it was determined, by consent, that the Tribunal would proceed on the basis that the claimant’s claim had been struck-out and that the application was for a relief from sanction. After hearing from the parties, I retired to consider my decision and then returned to give an oral decision. Reasons for my decision were given at the hearing. I determined that in this case it was appropriate to provide relief from sanction. The claimant’s claim is therefore reinstated.
4. I have also determined, for reasons given orally at the hearing, that it is appropriate to make an Order for Costs against the claimant in favour of the respondents in the sum of £750 for the respondents’ costs of the Case Management Discussion on 3 June 2010 and also of today’s hearing.
5. Having reinstated the claimant’s claim I then proceeded to timetable the matter for hearing.
6. I have ordered that the claimant will provide the information sought by the respondents in their letter of 8 June 2010. The claimant will provide this information by 28 June 2010. I have stressed to Mr Vernon that both he and the claimant must address their minds to the requirements to comply with Orders of the Tribunal. I had invited Mr Vernon to indicate how long was needed to reply to the respondents’ request for information. He did not provide any suggestion and has not objected to the time that I have provided. If there is a failure to comply with this Order it will be open to the respondents to make any applications they think appropriate and a possible consequence of failure to comply with the clear directions I have given, would be that the claimant’s claim could be struck-out. I have also directed that the claimant shall provide a schedule of loss to the respondents by 28 June 2010.
7. There are no other outstanding interlocutory matters. I have listed this case for a full hearing from:-
8 – 19 November 2010
The parties will check their witnesses to confirm availability. If there is a difficulty the parties will liaise with each other and agree alternative dates which will be submitted to the Tribunal for its consideration. If no such alternative dates are provided by 28 June 2010 then the listed dates are confirmed.
Chairman:
Date and place of hearing: 14 June 2010, Belfast
Date decision recorded in register and issued to parties: