3832_09IT
THE INDUSTRIAL TRIBUNALS
CASE REF: 3832/09
CLAIMANT: Samuel Moore
RESPONDENTS: 1. Bruce Lee
T/a Lee Foods
2. Diane Lee
DECISION FOLLOWING A PRE HEARING REVIEW
The claimant withdrew his application to have the respondents’ response struck out. No application was made in respect of costs.
The Hearing listed from 10-14 December 2009 is postponed and relisted from 27 to 29 January 2010 unless alternative agreed dates are provided to the Tribunal Office by 11 December 2009.
Constitution of Tribunal:
President: Miss Eileen McBride (sitting alone)
Appearances:
The claimant was represented by Mr K Denvir, Barrister-at-Law, instructed by Campbell Stafford Solicitors.
The respondents were represented by Mr S Gillespie of Hewitt & Gilpin Solicitors.
REASONS
1. Following some representations from Mr Denvir and Mr Gillespie, Mr Denvir withdrew the claimant’s application to have the respondents’ response struck out. The application for costs was not proceeded with.
2. With the agreement of Mr Denvir and Mr Gillespie I then dealt with Mr Denvir’s application for the hearing listed for 10-14 December 2009 to be postponed in the interests of justice as the respondents’ witness statement which was due to be provided by 13 October 2009 was not provided until 26 November 2009. Mr Gillespie objected to the application. Having considered the representations I was satisfied that in the interests of justice the hearing should be postponed to enable the claimant to prepare and provide a supplementary witness statement. As neither representative made an application in relation to the time limit for the supplementary witness statement to be exchanged, I order that it should be exchanged by 4 January 2010 unless an objection is received from either party by 18 December 2009. The Hearing will be relisted from 27-29 January 2010 unless alternative agreed dates are provided to the Tribunal Office by 11 December 2009.
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E McBride
President
Date and Place of Hearing: 27 November 2009, Belfast
Date decision recorded in register and issued to parties: