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Industrial Tribunals Northern Ireland Decisions
You are here: BAILII >> Databases >> Industrial Tribunals Northern Ireland Decisions >> Maxwell v Ashdon Care Ltd (t/a Beverly Lodge Nursing Home) [2006] NIIT 465_06 (24 August 2006)
URL: http://www.bailii.org/nie/cases/NIIT/2006/465_06.html
Cite as: [2006] NIIT 465_06, [2006] NIIT 465_6
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- The claimant lodged her claim on 20 April 2006 and a response was due to be entered by 25 May 2006. The response was actually entered on 31 May 2006.
- Mrs Magowan gave evidence to the tribunal and stated that she discussed the case with her solicitors and then went to Peninsula Business Services to enter a response.
- Mr Sheridan stated that they believed that the respondent already had entered a response when they took over the case. When they realised that this not happened they faxed in a response on 31 May 2006. I can accept that the response is six days late but three of those days were over a Bank Holiday weekend and the tribunal would not have been in a position to accept the response at that stage.
- I am satisfied that the decision to reject the response should be reviewed under Rules 34(1) and 34(3)(e), namely the interests of justice require such a review. I am satisfied that the respondent has a defence to this claim and would be prejudiced if the response was rejected. I am satisfied that when Peninsula became involved they acted as quickly as they could to present the response to the tribunal.
- I considered the contents of John Ross & Son's letter of 20 June 2006 in which they object to a review of the decision because they did not accept the explanation that the respondent thought it had sent a response. I accepted evidence given by Mrs Magowan on this point.
- The case has been listed for a full hearing on 13 September 2006. The respondent stated that they would be ready to present their evidence on this date and I direct that the full hearing goes ahead on that date.
CASE REF: 465/06
CLAIMANT: Violet Maxwell
RESPONDENT: Ashdon Care Ltd T/A Beverly Lodge Nursing Home
Constitution of Tribunal:
Vice President (sitting alone): Mrs M Price
Appearances:
The claimant did not appear.
The respondent was represented by Mr T Sheridan, of Peninsula Business Services Limited.
Vice President:
Date and place of hearing: 24 August 2006, Belfast
Date decision recorded in register and issued to parties: