Industrial Tribunals Northern Ireland Decisions

 
THE INDUSTRIAL TRIBUNALS

CASE REF: 2610/06

CLAIMANT: Barbara Goss

RESPONDENT: Northern Ireland Civil Service

DECISION ON APPLICATION FOR REVIEW

The tribunal confirms the decision of the tribunal on a Pre-Hearing Review dated 26 June 2007.

Constitution of Tribunal:

Chairman (Sitting Alone): Mr S A Crothers

Appearances:

The claimant was represented by Mr Wasson.

The respondent was represented by Mr Wolfe, Barrister-at-Law, instructed by the Departmental Solicitor's Office.

1. The claimant by correspondence to the tribunal dated 6 July 2007 applied for a review of the decision of the industrial tribunal on a Pre-Hearing Review dated 26 June 2007. The tribunal's decision was that the claimant's claims of disability discrimination, detriment in relation to public interest disclosure, breach of contract, unauthorised deduction from wages, the right to be paid annual leave under the Working Time Regulations, health and safety detriment and constructive dismissal be dismissed, as the relevant provisions of Article 19 and Schedule 1 to the Employment (Northern Ireland) Order 2003 had not been complied with in relation to the requirement to send a grievance in writing to the respondent and to wait 28 days before presenting a claim to the tribunal.
2. The claimant relied in her application for a review, on Rule 34(3)(a) and (e) of the Industrial Tribunal Rules and Procedure comprised in Schedule 1 to the Industrial Tribunals (Constitution and Rules of Procedure) Regulations (Northern Ireland) 2005. Mr Wasson's contention on her behalf was, therefore, that the decision should be reviewed on the basis that it was wrongly made as a result of an administrative error and that the interest of justice required such a review.

Reasons

3. The tribunal heard oral submissions from Mr Wasson and considered these carefully together with the contents of his correspondence to the tribunal dated 6 July 2007. In light of the fact that both parties have access to this correspondence the tribunal does not consider it necessary to replicate its contents in this decision. The tribunal also heard oral submissions from Mr Wolfe on behalf of the respondent.
4. Both parties had received the notice of hearing which was dated 21 March 2007, the hearing itself being held on 1 June 2007. In the interim, the respondents had sought, by exchange of correspondence, to establish precisely the documentation being relied on by the claimant and her representative in order to establish before the tribunal that the requirements of Article 19 and Schedule 1 to the Employment (Northern Ireland) Order 2003 had been complied with. The respondent prepared a separate bundle for the tribunal which was served on the claimant's representative on the afternoon of 31 May 2007. The claimant and her representative were given an opportunity to consider the respondent's bundle of documents and were given a period of approximately two hours to consider bundles of documents which had been lodged in the tribunal with the claimant's claim form and to pin-point relevant documentation and correspondence for the tribunal to consider in relation to the issue before it. Mr Wasson in fact submitted on the client's behalf, hand written documentation to the tribunal when it reconvened on the afternoon of 1 June 2007 highlighting specifically the documentation and correspondence which the tribunal was to take into account. In addition both parties were allowed to make submissions. Mr Wolfe had also agreed at the tribunal hearing on 1 June 2007 for the purpose of establishing the documentation being relied on by the claimant, that Mr Wasson, (who had given evidence and was still under oath) could nevertheless speak to the claimant. The tribunal is satisfied that the claimant and her representative were well aware of the precise issue before the tribunal on 1 June 2007 as this had been clearly set out in the notice of hearing itself, and was further referred to in paragraph 6 and 7 of the appendix to the respondent's response and in correspondence to Mr Wasson from the respondent's solicitor dated 16 May 2007.
5. The tribunal also considered Mr Wasson's submissions in relation to natural justice and the tribunals overriding objective to deal with cases justly and so far as practicable, to ensure that the parties are on an equal footing, and to deal with the case in ways which are purportials to the complexity or importance of the issues. In addition, the tribunal has a duty to ensure that the case is dealt with expeditiously and fairly and to save expense. (Regulation 3 of the Industrial Tribunals (Constitution and Rules of Procedure) Regulations (Northern Ireland) 2005). However, the tribunal is satisfied that it complied with the overriding objective and that there was no procedural mishap or events which undermined the tribunal's decision occurring shortly thereafter.
6. The tribunal took into account Harvey on Industrial Relations and Employment Law (Vol.5 ) at T1111FF and the relevant decisions referred to therein.
7. The tribunal is therefore satisfied that the claimant was given a fair and full opportunity of presenting her case in accordance with the tribunal's overriding objective and concludes that there is no basis for a review of its decision on the grounds specified by the claimant's representative and confirms its decision dated 27 June 2007 accordingly.

Chairman:

Date and place of hearing: 7 August 2007, Belfast

Date decision recorded in register and issued to parties: