Industrial Tribunals Northern Ireland Decisions

THE INDUSTRIAL TRIBUNALS

 

CASE REF:  6947/18

 

CLAIMANT:                          Jonathan Friars

 

RESPONDENT:                  Damien McLaughlin t/a Brickwork Lounge

 

 

 

DECISION ON AN APPLICATION FOR REVIEW

 

The decision of the tribunal is that the respondent’s application to review the decision issued to the parties on 13 November 2018 is granted.

 

The outcome of that review application is that the judgement is revoked.

 

 

 

Constitution of Tribunal:

 

Employment Judge (sitting alone):                   Employment Judge Orr

           

 

 

Appearances:

 

The claimant did not appear and was unrepresented.

 

The respondent attended in person.

 

 

REASONS

 

1.         The purpose of this hearing was to determine the respondent’s application for a review of the tribunal’s decision issued to the parties on 13 November 2018.  The application is made on the grounds that the respondent did not receive notice of the proceedings leading to the aforementioned decision. 

 

2.         The claimant did not attend and advised the tribunal in advance that he was unable to attend the hearing due to work commitments, he confirmed that he was not making an adjournment application.

 

3.         Mr McLaughlin submitted to the tribunal that he had not received:-

 

            (i)         notification of the Case Management Discussion in August 2018;

 

            (ii)        copy of record of proceedings following the Case Management Discussion on 16 August 2018;

 

            (iii)       notice of hearing dated 30 August 2018. 

 

4.         The respondent confirmed that the correct address was as per the ET3 response form however indicated that there were some difficulties with the postal service in his area and provided the tribunal with a further address for future correspondence:

 

                                                X XXXXXX XXX

                                                XXX XXXXXXX

                                                XXXXXXX

                                                XXXXXXXXXXXXXXXXX

                                                XXXX XXX

 

            He confirmed his mobile number to be XXXXXXXXXXX.

 

5.         The relevant statutory provisions in relation to a review application are contained in Rule 34(3) of the Industrial Tribunals (Constitution and Rules of Procedure) Regulations (Northern Ireland) 2005.

 

“Subject to paragraph (4), decisions may be reviewed on the following grounds only:-

 

(a)      the decision was wrongly made as a result of an administrative error;

 

(b)      a party did not receive notice of the proceedings relating to the decision;

 

(c)       the decision was made in the absence of a party;

 

(d)      new evidence has become available since the conclusion of the hearing to which the decision relates, provided that its existence could not have been reasonably known of or foreseen at the time; or

 

(e)      the interest of justice requires such a review”.

 

6.         It is the respondent’s submission that he received no notice of the date of hearing and this is not challenged. 

 

7.         For the reasons explained at the review application I consider, in light of the circumstances of this case and on the grounds that the respondent did not receive notice of the hearing and in the interest of justice that it is appropriate to revoke this decision.

 

8.         Accordingly this case will be relisted for full hearing in due course and a further case management discussion arranged via teleconference to make appropriate directions.

 

9.         A copy of this decision will be served on the new address provided by the respondent via post and at the email address provided, namely brickwork12castlestreet@gmail.com.

 

 

 

 

 

Employment Judge:

 

 

Date and place of hearing:  9 January 2019, Belfast.

 

 

Date decision recorded in register and issued to parties: