Industrial Tribunals Northern Ireland Decisions

 
THE INDUSTRIAL TRIBUNALS

CASE REF: 2479/06

CLAIMANT: Albert Ernest Thompson

RESPONDENT: Hickland Haulage Limited

DECISION

The unanimous decision of the tribunal is:-

(i) The name of the respondent be amended to Hickland Haulage Limited.

(ii) The hearing of this matter be re-listed on the first open date after the 1^st June 2007.

Constitution of Tribunal:

Chairman: Mr Travers

Panel Members: Mr Wilkinson

Mrs McNulty

Appearances:

The claimant was not represented and appeared in person

The respondent was represented by Mr McCorkhill, Barrister-at-Law instructed by Terence McCourt, Solicitors

REASONS

1. The matter was listed today for final hearing. The time for presentation of a response has expired and no response form has yet been presented to the tribunal.

2. The respondent appeared at the hearing and was represented by counsel.

3. Counsel sought to persuade the tribunal to extend time for the presentation of a response. In making his application, counsel relied upon an authority which pre-dated and has been superseded by the applicable procedural rules which are contained in Schedule 1 to The Industrial Tribunals (Constitution and Rules of Procedure) Regulations (Northern Ireland) 2005. The tribunal referred counsel to the case of Moroak (t/a Blake Envelopes) v Cromie [2005] IRLR 353. A response which is presented out of time must be rejected by the Secretary of the Office of the Tribunals. Under rule 34, a respondent may seek a review of the decision to reject the response

4. The tribunal was informed that the respondent did wish to defend the claim and proposed to present a response in the course of the next few days. It was indicated that a review of any decision to reject that response would be sought.

5. In the circumstances the tribunal adjourned the final hearing of the matter.

6. In so adjourning the hearing, the tribunal did not adjudicate on, or offer any indication as to the merits of, an application to review any rejection of a response presented subsequent to this hearing. It will be a matter for the tribunal hearing any such application to consider in detail the grounds offered by the respondent in support of such an application.

7. The respondent indicated that, although he was the owner of the business, the claimant was in fact employed by Hickland Haulage Limited. The claimant confirmed that he was paid by Hickland Haulage Limited. In the circumstances, the title of these proceedings is amended.

Chairman:

Date and place of hearing: 22^nd March 2007 at Belfast

Date decision recorded in register and issued to parties: