Industrial Tribunals Northern Ireland Decisions

THE INDUSTRIAL TRIBUNALS

CASE REF: 368/05

CLAIMANT: Meriel Frances McVeigh

RESPONDENTS: 1. Eastern Health & Social Services Board

2. Department of Health Social Services & Public Safety

DECISION ON AN APPLICATION FOR REVIEW

I hereby revoke the decision not to accept the second-named respondent's response to the claim and order that the response presented on 13 November 2006 be accepted.

Constitution of Tribunal:

Chairman (sitting alone): Mrs M Davey

Appearances:

Neither the claimant nor her representatives were present.

The second-named respondent was represented by Mr P Johnston, Solicitor of the Departmental Solicitors Office.

Reasons

1. I accept in accordance with the overriding objective that it is in the interests of justice to permit the second-named respondent to defend this claim in the circumstances outlined by Mr Johnston where although the response was completed within the time limit laid down it was not received in the Office of the Tribunals by the due date. I am satisfied that immediate steps were taken once this deficiency was discovered to remedy the situation. I am satisfied that the second-named respondent would be at much greater prejudice if it were not permitted to defend this claim than the claimant will be if the second-named respondent is allowed to resist the claim.

Chairman:

Date and place of hearing: 21 December 2006, Belfast

Date decision recorded in register and issued to parties: