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Industrial Tribunals Northern Ireland Decisions
You are here: BAILII >> Databases >> Industrial Tribunals Northern Ireland Decisions >> Clarke v Irish Spars and Rigging Ltd Irish Spars and Rigging (2011)... [2012] NIIT 01352_11IT (21 June 2012)
URL: http://www.bailii.org/nie/cases/NIIT/2012/1352_11IT.html
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THE INDUSTRIAL TRIBUNALS
CASE REF: 1352/11
CLAIMANT: Niall Daniel Clarke
RESPONDENTS: 1. Irish Spars and Rigging Ltd
2. Irish Spars and Rigging (2011) Ltd
DECISION ON AN APPLICATION FOR REVIEW
The application for review by Irish Spars and Rigging (2011) Ltd, is successful. The default judgment is now set aside.
Constitution of Tribunal:
Chairman (Sitting alone): Mr P Buggy
REASONS
1. On 5 March 2012, I made a default judgement against Irish Spars and Rigging (2011) Ltd (“the 2011 company”).
2. Mr Alan Grundie, on behalf of the 2011 company, wrote to the Office of the Industrial Tribunals on 24 April, requesting a review of the default judgment.
3. That review application was not presented within the relevant time limit (the time limit for making applications for review).
4. Accordingly, this application for review has to be deemed to include an application for an extension of the relevant time limit (the time limit within which to apply for review).
5. I have granted both applications, because the claimant, Mr Grundie (on behalf of the 2011 company) and Mr Neil Cruickshanks (on behalf of the Department for Employment and Learning) have all agreed in writing that the default judgment should be revoked.
6. Incidentally, I am satisfied that Mr Grundie, on behalf of the 2011 company, did not actually receive notice of the original proceedings in this case.
_____________________
Chairman
Date and place of hearing: 28 May 2012, Belfast.
Date decision recorded in register and issued to parties: