Industrial Tribunals Northern Ireland Decisions

Taylor v McKee (Application Strike Out) [2003] NIIT 521_02 (21 January 2003)

THE INDUSTRIAL TRIBUNALS

CASE REF: 521/02

APPLICANT: Angela Taylor

RESPONDENT: Judith McKee

DECISION

The unanimous decision of the tribunal is that the Originating Application should be struck out.

Appearances:

The applicant did not appear nor was she represented.

The respondent was represented by Mr Hardstaff, Solicitor from Barbour & Harrison, Solicitors.

1. The Originating Application complained of unfair dismissal. The respondent alleged in her Notice of Appearance that the applicant had been fairly dismissed for gross misconduct.
2. The respondent sought and obtained Orders from the tribunal for Further Particulars and Discovery on 8 November 2002 requiring compliance within 14 days.
3. By letter dated 4 December 2002, the respondent complained that the applicant had failed to comply with the Orders, and requested an Order striking out the applicant's claim.
4. By letter dated 10 December 2002, the applicant was informed that the respondent's application to strike out the Originating Application would be listed for hearing and that she would have an opportunity to show cause as to why her complaint should not be struck out.
5. The hearing was arranged for 15 January 2003. The applicant failed to attend, nor was she represented. The Chairman directed that an 'Unless Order' be issued to the applicant allowing her until Monday 20 January 2003 to comply with the Orders dated 8 November 2003, otherwise her Originating Application would be struck out for failure to comply with the Orders.
6. The substantive hearing of the complaint was listed for 21 January 2003. The applicant did not attend, nor was she represented. Mr Hardstaff represented the respondent. He submitted that the Orders of 8 November 2002 had not been complied with, nor had any communication been received from the applicant. He applied on foot of the Chairman's Order dated 15 January 2003 to strike out the Originating Application.
7. In view of the applicant's non-compliance with the 'Unless Order' the tribunal acceded to the respondent's application, and struck out the applicant's complaint.

Chairman:

Date and place of hearing: 21 January 2003, Belfast

Date decision recorded in register and issued to parties: