Industrial Tribunals Northern Ireland Decisions

THE INDUSTRIAL TRIBUNALS

CASE REF NO.: 889/06

CLAIMANT: Dane Barr

RESPONDENT: The Garage Ballygowan Ltd

DECISION

The tribunal has concluded that the settlement reached with the Labour Relations Agency was a conciliated settlement. The tribunal therefore does not have jurisdiction to deal with this case.

Constitution of Tribunal:

Chairman (sitting alone): Mr T Browne

Appearances:

The claimant appeared on his own behalf.

No one from or on behalf of the respondent attended the tribunal hearing. The respondent company had informed the Office of Industrial Tribunals and the Fair Employment Tribunal in writing in advance of the pre-hearing review that such would be the case, but requested that the matter be determined by the tribunal in its absence.

THE ISSUES

1. The tribunal was required to determine if a settlement between the parties reached with the assistance of the Labour Relations Agency was a conciliated settlement, or if such settlement had been vitiated by alleged breaches by the claimant of its agreed conditions.

FINDINGS OF FACT

2. The tribunal found the following facts from the available documentation and from the unchallenged sworn evidence of the claimant, whom the tribunal found to be a credible and impressive witness.

3. The parties in this case came to a settlement reached as a result of conciliation action with the assistance of the Labour Relations Agency (“the Agency”), signed by the claimant on 5 November 2006. The respondent has not complied with the terms of the settlement, complaining that the claimant has breached a term of confidentiality within the terms of the settlement by informing other members of the respondent's staff as to the terms of settlement.

4. The claimant at the request of the tribunal produced his copy of the settlement. Paragraph 4 of the settlement states:

“The claimant agrees that this settlement and the terms thereof shall remain confidential and shall not be disclosed to any third party save as may be required by law or to a professional adviser. The respondent confirms that the claimant will not be in breach of this clause if he discloses details of this agreement to his immediate family or friends, although the claimant agrees to impress on them the confidential nature of this agreement.”

5. The claimant freely admitted in his evidence that he had told some of his family and friends as to the nature of the settlement, but that he had asked them to treat it as confidential. Only one of the friends he had told was employed by the respondent, and his clear understanding was that that person had merely confirmed when asked at work at the respondent's premises by a senior member of staff that the claimant had settled his case with the respondent.

LAW AND CONCLUSIONS

6. There is no dispute that the claims brought by the claimant against the respondent come within the scope of Article 20 (1) of The Industrial Tribunals (Northern Ireland) Order 1996 (“the 1996 Order”) as rendering the claim capable of conciliation by involvement of the Agency. Where the Agency is so involved by and with the agreement of both parties under the provisions of Article 20 (2) of the 1996 Order, “it is the duty of the Agency…….to endeavour to promote a settlement without its being determined by an industrial tribunal.”

7. Having considered the documentary and unchallenged sworn evidence in this matter, I am satisfied that the claimant has complied with the terms of the settlement of 5 November. The respondent has not sought to argue that it did not agree with the provisions of paragraph 4 of that settlement; the claimant admits to having told other persons but I accept that in doing so he abided by the terms of paragraph 4 both as regards their identities and his request to them for confidentiality.

8. I therefore am satisfied that the settlement reached with the assistance of the Labour Relations Agency was a conciliated settlement for the purposes of Article 20 of the 1996 Order. The tribunal therefore no longer has jurisdiction to deal with this case.

Chairman:

Date and Place of hearing: 26 January 2007, Belfast.

Date decision recorded in register and issued to parties: