Industrial Tribunals Northern Ireland Decisions

THE INDUSTRIAL TRIBUNALS

CASE REF: 1984/04

CLAIMANT: Patricia Gillian McAllister

RESPONDENT: First Choice Selection Service

DECISION ON AN APPLICATION FOR REVIEW

The unanimous decision of the tribunal of 24 May 2006 should not be reviewed.

Constitution of Tribunal:

Chairman: Mrs Cooper

Members: Mr Lyttle

Mr McCusker

Appearances:

The claimant did not attend and was not represented.

The respondent's representative did not attend having faxed a letter indicating that he was unable to do so.

1. The decision in this case was issued to the parties on 24 May 2006 this decision was arrived at in the absence of the respondent who had not entered a response and did not attend the hearing.

2. The respondent by letter dated 6 June 2006 requested that the decision of the tribunal be reviewed in the interests of justice. A review hearing scheduled for 5 October 2006 was postponed due to the respondent being unable to attend.

3. The case was listed for 16 January 2007 and at this hearing the tribunal received a fax from Mr Crean, Area Manager, of the respondent who indicated that he was unable to attend due to a family bereavement. He indicated that he would return to his office on 19 January 2007.

4. The tribunal considered whether a further adjournment of this review application was appropriate. The tribunal decided that as the respondent had failed to enter a response to the proceedings, attend a case management hearing, attend the main hearing and had asked for two postponements that it was not appropriate to adjourn this application again. The respondent failed to provide the tribunal with evidence to establish any of the grounds set out in Rule 34(3) of the Industrial Tribunals (Constitution of Rules of Procedure) Regulations (Northern Ireland) 2005 and in view of this the tribunal refused to review its original decision.

Chairman:

Date and place of hearing: 16 January 2007, Belfast

Date decision recorded in register and issued to parties: