Industrial Tribunals Northern Ireland Decisions

THE INDUSTRIAL TRIBUNALS

CASE REF: 4394/17

CLAIMANT: Christina Mahony

RESPONDENT: Sunrise Sandwich Bar

DECISION ON A REVIEW

The decision of the tribunal is that the application for review is dismissed.

Constitution of Tribunal:

Vice President (sitting alone): Mr N Kelly

Appearances:

The claimant did not attend, nor did she explain her absence.

The respondent was represented by Ms E Orr.

1. The claimant lodged a claim for holiday pay on 19 August 2017.

2. That claim was withdrawn in writing by the claimant on 4 September 2017 in clear and unambiguous terms.

3. The claimant then wrote again to the Office of the Tribunals seeking to withdraw that withdrawal on 6 September 2017.

4. The Rules of Procedure provide, at Rule 25, that a withdrawal takes effect on a date on which the tribunal receives notification of that withdrawal. It also provides that the case against the respondent is brought to an end on that date and that the tribunal shall dismiss the proceedings so withdrawn.

5. The claim was formally dismissed on 8 September 2017. The application to withdraw the withdrawal was treated as an application to review that decision in accordance with the Rules of Procedure.

6. The claimant did not attend and did not explain her absence.

7. The tribunal notes that the claimant lodged her claim on the last possible day and that her employment had ceased on 19 May 2017. The matter is now extant for a considerable period of time.

8. There is a public interest in finality of litigation. That interest has not been discharged by any argument put forward by or on behalf of the claimant.

9. The application to review the dismissal of the claim is refused. The claim remains dismissed and is at an end.

Vice President

Date and place of hearing: 28 September 2017, Belfast

Date decision recorded in register and issued to parties: