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Industrial Tribunals Northern Ireland Decisions
You are here: BAILII >> Databases >> Industrial Tribunals Northern Ireland Decisions >> Curran v Fruit of the Loom & Anor [2006] NIIT 279_06 (3 August 2006)
URL: http://www.bailii.org/nie/cases/NIIT/2006/279_06.html
Cite as: [2006] NIIT 279_06, [2006] NIIT 279_6
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- The second-named respondent was to have entered a response to this claim by 17 April 2006, but it was not received until 19 April 2006. It was rejected under Rule 4(1) of Schedule 1 to the Industrial Tribunals Rules of Procedure Regulations 2005.
- The respondent's solicitors applied for a review of the decision. I am satisfied having heard evidence from Mr Walsh and submissions from his solicitor that the decision to reject the response should be revoked in the interests of justice. I am satisfied that the respondent has a valid defence to the claim and the claim was two days out of time, part of which delay can be attributed to the post during Easter week.
- Under the provisions of Rule 36 I revoke the decision and order that the response from the second-named respondent, Walsh Pensions, should be accepted. The response is in the form of a letter sent to the tribunal on 11 April 2006.
- There is an issue in relation as to whether Walsh Pensions is the correctly named respondent to this action. Mr Walsh has stated that his company was only acting as an agent for Irish Life.
- Under the provisions of Rule 10(1) of the above-named Regulations, I am satisfied that Irish Life should be joined to this action as a separate respondent. The claimant has referred to Irish Life/Walsh Pensions and they are two separate bodies. I note that Irish Life has been joined to his case, 278/06, and in the circumstances I order that they are joined to this present claim and they will have a period of 28 days from the date on which the direction to join them is made.
CASE REFS: 279/06
278/06
CLAIMANT: John Joseph Curran
RESPONDENTS: 1. Fruit of the Loom
2. Irish Life/Walsh Pensions
Constitution of Tribunal:
Vice President (sitting alone): Mrs M Price
Appearances:
The claimant did not appear.
The second-named respondent was represented by Mr J Guerin, Solicitor, of Campbell Fitzpatrick, Solicitors.
Vice President:
Date and place of hearing: 3 August 2006, Belfast
Date decision recorded in register and issued to parties: