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Industrial Tribunals Northern Ireland Decisions
You are here: BAILII >> Databases >> Industrial Tribunals Northern Ireland Decisions >> Sousa v Cargoes Cafe and Bistro RW Caterers Limited [2016] NIIT 02322_15IT (12 May 2016)
URL: http://www.bailii.org/nie/cases/NIIT/2016/02322_15IT.html
Cite as: [2016] NIIT 02322_15IT, [2016] NIIT 2322_15IT
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THE INDUSTRIAL TRIBUNALS
CASE REF: 2322/15
CLAIMANT: Flavio Philipe Sousa
RESPONDENTS: 1. Cargoes Cafe and Bistro
2. RW Caterers Limited
DECISION ON A PRE-HEARING REVIEW
The tribunal allows the amendment to the claimant's claim form by adding the further factual evidence about the alleged claim attached to this decision.
Constitution of Tribunal:
Employment Judge (sitting alone): Employment Judge Greene
Appearances:
The claimant was represented by Mr G O'Neill.
The respondent was neither in attendance nor represented.
1. By letter of 23 February 2016 the claimant sought to amend his claim by adding further factual matters in relation to his claim for race discrimination.
2. The wording for the proposed amendment was posted to the respondents on 22 February 2016.
3. The Pre-Hearing Review to consider the proposed amendment came on for hearing on today 5 May 2016.
4. The respondents were neither in attendance nor represented. The respondents had been notified of today's hearing on 8 April 2016. The notice of hearing did not elicit any response whatsoever from the respondents.
5. The claimant's representative did not have any objection to continuing with his application in the absence of the respondents. Given that the respondents had been notified of today's hearing and had made no objection or comment nor had they sought to have the Pre-Hearing Review adjourned I decided to proceed with the hearing.
6. Having considered the application to amend the claim I allowed the amendment.
7. Full oral reasons for my decision were given at the hearing.
8. Accordingly the respondents will have 28 days from the date of the issue of this decision to amend their response form. Thereafter a Case Management Discussion will be arranged to prepare the claim for hearing.
9. Following an application on behalf of the claimant I removed the Deposit Hearing from the list as it is no longer necessary in the light of the permitted amendment. However it is open to either party to seek a Deposit Hearing on any aspect of this claim.
Employment Judge:
Date and place of hearing: 5 May 2016, Belfast.
Date decision recorded in register and issued to parties: