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Industrial Tribunals Northern Ireland Decisions
You are here: BAILII >> Databases >> Industrial Tribunals Northern Ireland Decisions >> McGillin v Chief Constable of the PSNI [2010] NIIT 01233_08IT (18 August 2010)
URL: http://www.bailii.org/nie/cases/NIIT/2010/01233_08IT.html
Cite as: [2010] NIIT 01233_08IT
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THE INDUSTRIAL TRIBUNALS
CASE REF: 1233/08
CLAIMANT: Susanne McGillin
RESPONDENT: Chief Constable of the PSNI
DECISION
The decision of the tribunal is that the above numbered claim is dismissed.
Constitution of Tribunal:
Chairman (sitting alone): Mrs M Watson
The above named parties entered into a valid agreement on 2 February 2010 to settle the above claim. The terms of settlement included an undertaking by the claimant to withdraw the claim on the implementation of the settlement terms by the respondent.
The claimant applied to have the agreement set aside and that application was the subject of a hearing on 12 April 2010. At that hearing, the claimant was informed by me orally that the agreement was valid and she informed me that it was her intention to withdraw her claim.
The written decision in that application which was issued to the parties on 26 May 2010 stated at paragraph 15; “The tribunal therefore had no jurisdiction to set aside the terms of the agreement and hear this claim. The respondent has now complied with its obligations under the agreement. The claimant is now bound to withdraw her claim and the claim will then be dismissed as per the terms agreed on 2 February 2010.”
The claimant subsequently wrote to the tribunal to say that she had decided not to withdraw this claim.
In the circumstance set out above, I have dismissed this claim on the grounds that the tribunal has no jurisdiction to hear it following the agreement signed by the parties which included an undertaking to withdraw following compliance by the respondent.
Chairman:
Date
Date decision recorded in register and issued to parties: