Industrial Tribunals Northern Ireland Decisions

THE INDUSTRIAL TRIBUNALS

CASE REF: 846/06

CLAIMANT: Glenn Matthews

RESPONDENT: Northern Ireland Child Support Agency

DECISION ON A PRE-HEARING REVIEW

The decision of the tribunal is that the claimant was not entitled to present a complaint to the Tribunal as he did not comply with the requirement to send a grievance in writing to the respondent in accordance with Article 19(2) of the Employment (Northern Ireland) Order 2003. The claim is therefore dismissed.

Constitution of Tribunal:

Chairman: Mrs M Davey (Chairman sitting alone)

Appearances:

On 11 December 2006 the claimant was represented by Mr M McEvoy, Barrister-at-Law, instructed by Bernard Campbell & Co., Solicitors. Campbell & Co came off record for the claimant on 15 December 2006. The claimant did not attend the reconvened hearing on 18 December 2006.

The respondent was represented by Mr A Colmer, Barrister-at-Law, instructed by the Departmental Solicitor.

The claimant presented a claim to the Industrial Tribunal on 6 July 2006 in which he alleged that he had been victimised for having previously presented a claim of sex discrimination against his employers. In that claim form he indicated that he had put his complaint in writing to the respondent on 5 June 2006. At the hearing on 11 December 2006, the respondent contended that such a letter of grievance had never been received. The claimant was adamant that it had been sent although he could not produce a copy of the letter.

In the circumstances the hearing was adjourned for one week to allow the claimant to produce a copy of the letter on which he relied. The matter was therefore adjourned until 18 December 2006 at 10.00 am. The claimant did not attend that hearing and his solicitors had, by that time, come off record.

In the circumstances I have concluded that the claimant did not send a letter specifying his grievance to the respondent and so I concluded that he had not complied with Article 19(2) of the Employment (Northern Ireland) Order 2003.

Mr Colmer asked for the costs of the two hearings on 11 December 2006 and 18 December 2006. He maintained that the claimant's behaviour in insisting that he had sent a letter to the respondent and in failing to attend at this hearing was unreasonable.

Mr Colmer, on being asked, indicated to me that he understood that the claimant was no longer being paid by the respondent. Mr Colmer asked for a sum of £300.00 to cover the cost of both days attendance by himself and his instructing solicitor.

I am satisfied that the claimant's behaviour in this matter has been unreasonable. However in view of the information given to me with regard to the claimant's ability to pay I consider that it would be inappropriate to award the costs being sought by the respondent. However in view of the claimant's unreasonable behaviour I consider that a nominal amount should be awarded and I therefore order the claimant to pay to the respondent the sum of £25.00 towards the costs of these two hearings.

Chairman:

Date and place of hearing: 11 and 18 December 2006, Belfast.

Date decision recorded in register and issued to parties:`