Industrial Tribunals Northern Ireland Decisions

THE INDUSTRIAL TRIBUNALS

 CASE REF: 2623/10

CLAIMANT:                          Christopher Sharkey

RESPONDENT:                  Rubbertec International Ltd

DECISION ON A PRE-HEARING REVIEW

The claimant is given leave to amend his claim form so as to include claims for wages and claims for notice pay.

Constitution of Tribunal:

Chairman (sitting alone):             Mr Paul Buggy

Appearances:

The claimant was self-represented.

There was no appearance on behalf of the respondent.  Mr N Cruikshanks represented the Department for Employment and Learning (“the Department”).

REASONS

1.                  The purpose of this pre-hearing review was to determine the following issue:-

“Whether or not the claimant should be given leave to amend his claim form so as to include claims for wages and claims for notice pay”.

2.                  The respondent, is not entitled to participate in these proceedings (because it did not put in any timely response).  Nevertheless, the respondent was informed of the fact that this pre-hearing review was being held.  The respondent has not made any representations in relation to the claimant’s application for leave to amend his claim form.

3.                  Against that background, it seems to me to be clear that it is in the interests of justice, and it is entirely appropriate, for the claimant to be given leave to amend his claim form.

4.                  This pre-hearing review was immediately followed by a full hearing of this case.  For the Department, Mr Cruikshanks confirmed that he had no objection to the full hearing of the claims in respect of wages and notice pay being adjudicated upon during that full hearing.

Chairman:

Date and place of hearing:          22 March 2011, Belfast.    

Date decision recorded in register and issued to parties: