Industrial Tribunals Northern Ireland Decisions

THE INDUSTRIAL TRIBUNALS

CASE REF: 1065/06

CLAIMANT: Mr James Duffy

RESPONDENT: POA

DECISION ON COSTS

The respondent’s claim for its costs, owing to what it asserted was the claimant’s unreasonable conduct of these proceedings on and until 24 June 2008, is conciliated by and between the parties, and on condition that the terms of the settlement are made a decision of the Tribunal pursuant to Rule 28(1) of Schedule 1 to the Industrial Tribunals (Constitution and Rules of Procedure) Regulations (NI) 2005.

Constitution of Tribunal:

Chairman (sitting alone): Mr O’Brien

Appearances:

The claimant was represented by Mr B Dickson

The respondent was represented by Anthony Marriott, Solicitor, instructed by Lees Lloyd Whitley

Pursuant to Rule 28(1) of schedule 1 to the Industrial Tribunals (Constitution and Rules of Procedure) Regulations (NI) 2005, the Tribunal makes the following decision.

1. The claimant shall pay and the respondent agrees to accept the total sum of £850.00 (inclusive of VAT) in full and final settlement of the Respondent’s application that the claimant breached Rule 40(3) of the 2005 Rules in the conduct of his claim before the Tribunal on and until 24 June 2008.

2. The amount at 1 above to be paid by cheque by the Claimant to the Respondent’s representative (and which cheque be made payable to the Respondent) on or before 23 February 2009.

3. On or before 23 February 2009 the Respondent’s representative shall correspond with the Office of the Industrial Tribunals to confirm;

1. Receipt in full of the amount at 1 above.

2. To confirm that the Respondent’s application for costs is withdrawn in full.

4. Receipt of the Respondent’s correspondence at 3 above shall result in the termination of these proceedings, without further Order or Decision from the Tribunal.

Chairman:

Date and place of hearing: 22 December 2008, Belfast

Date decision recorded in register and issued to parties: