Industrial Tribunals Northern Ireland Decisions

 
THE INDUSTRIAL TRIBUNALS

CASE REFS: 137/06

675/06

CLAIMANT: Caroline Vanessa Morrison

RESPONDENTS: 1. Joseph E McKernan McIat & Son

2. Norman McKernan

3. Quinn Greer

Constitution of Tribunal:

Vice President (sitting alone): Mrs Price

Appearances:

The respondents were represented by Mr P Ferrity, Barrister-at-Law, instructed by Anderson Agnew & Company, Solicitors.

DECISION ON APPLICATION TO REVIEW
1. In both cases the response entered by the third-named respondent, Quinn Greer, was rejected in part because the response did not give grounds for resisting the claim made by the claimant in relation to a health and safety detriment and this is contrary to Rule 4(4)(c) and (d) of Schedule 1 of the Industrial Tribunals Rules of Procedure Regulations (Northern Ireland) 2005
2. Counsel for the third-named respondent drew attention to the responses submitted by the other two respondents in which responses were put in, in relation to the health and safety claim.
3. The third-named respondent is an employee of the first and second-named respondents and as such has no responsibility for issues relating to health and safety, in other words a denial to that part of the claim made by the claimant. I am satisfied that it is a valid defence and the response which has been accepted in part should be accepted in full for both claims.
4. Two Orders for Discovery and Additional Information, following correspondence received from the respondents dated 13 November 2006, are made in the terms attached in the schedule.

Vice President:

Date and place of hearing: 16 November 2006, Belfast

Date decision recorded in register and issued to parties: