Industrial Tribunals Northern Ireland Decisions

THE INDUSTRIAL TRIBUNALS

 

CASE REF: 1252/15

 

 

 

CLAIMANT: Kim Campbell

 

 

RESPONDENT: Northern Ireland Housing Executive

 

 

 

PHR STRIKE-OUT DECISION

The decision of the tribunal is that the claimant's claim is struck out.

 

 

Constitution of Tribunal:

Employment Judge Murray

 

Appearances:

The claimant did not appear and was not represented.

 

The respondent was represented by Ms R Best, Barrister-at-Law instructed by

Mr L Agnew of NIHE Legal Department.

 

1. The purpose of the PHR was to deal with the respondent's application to strike out the claimant's claim on two grounds namely, firstly, failure actively to pursue her claim and, secondly, failure to comply with an order of the tribunal.

 

2. Ms Best provided written and oral submissions and made reference to correspondence and other documentation in support of her application.

 

3. The Order of the tribunal was the Order to provide replies to Notices for Additional Information and to provide relevant documentation. That Order was made by Employment Judge McCaffrey at a CMD on 15 September 2015 and it gave the claimant until 16 October 2015 to comply with the Order.

 

 

4. I considered the submissions and the documentation and acceded to the application to strike out the claimant's claim for the following principal reasons.

 

5. The claimant is clearly in default of an Order of the tribunal. In accordance with my powers under Rules 13(1b) and 18(7e), I find that strike out is the appropriate remedy for failure to comply with the Order.

 

6. The documentation shows the extensive efforts to which Mr Agnew has gone in trying to make contact with the claimant. I am therefore satisfied that the respondent has taken all reasonable measures to try to the contact the claimant.

 

7. The claimant gave no email address or telephone number on her claim form and indeed her claim form was signed and completed by a colleague, Ms Wauchope. Contact was made with Ms Wauchope who was unable to give contact details for Ms Campbell.

 

8. The claimant appears to have failed to engage with these proceedings from the outset, apart from a claim form being lodged on her behalf. It is up to the claimant to actively pursue her case and it is for her to provide a new address if she moves address or to provide a telephone number or an email address so that contact can be made with her. I am satisfied from the entirety of the information before me that the claimant has failed actively to pursue her case and that the claim should be struck out in accordance with my powers under Rule 18(7d).

 

9. The claimant's claim is therefore dismissed in its entirety.

 

 

 

 

Employment Judge:

 

 

Date and place of hearing: 15 December 2015, Belfast.

 

 

Date decision recorded in register and issued to parties: