Industrial Tribunals Northern Ireland Decisions

McKenna v Department of Agriculture & Rural Development (Application for Review) [2003] NIIT 2269_02 (3 April 2003)

THE INDUSTRIAL TRIBUNALS

CASE REF: 2269/02

APPLICANT: Eamon Joseph McKenna

RESPONDENT: Department of Agriculture & Rural Development

DECISION ON THE REVIEW

The unanimous decision of the tribunal is that the decision dated 19 February 2003 should be revoked and that a re-hearing should take place before a differently constituted tribunal.

Appearances:

The applicant was represented by Mr S Atherton, Trainee Solicitor, of Patrick Fahy & Co, Solicitors.

The respondent was represented by Mr N Kelly, Solicitor, of the Departmental Solicitor's Office.

1. Having considered:-

(i) the representations of Mr Atherton and Mr Kelly;

(ii) the oral information provided by Ms P Holloway of the Labour Relations Agency;

(iii) the documents provided by Ms P Holloway;

(iv) the correspondence and documents of the parties; and

(v) the Labour Relations Agency Arbitration Scheme Order (Northern Ireland) 2002;

the tribunal reviewed the decision dated 19 February 2003 on the ground that the interest of justice required such a review. Having reviewed the decision, the tribunal revoked the decision and ordered a re-hearing before a differently constituted tribunal.

Reason

2. The tribunal is satisfied that the decision dated 19 February 2003 was wrongly made due to the tribunal's misunderstanding of the procedures to be followed by the parties under the Labour Relations Agency Arbitration Scheme Order (Northern Ireland) 2002.

Chairman:

Date and place of hearing: 3 April 2003, Belfast

Date decision recorded in register and issued to parties: