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THE INDUSTRIAL TRIBUNALS
CASE REFS: 157/06
CLAIMANT: Aneta Bajer
RESPONDENTS: 1. Glandor Properties Ltd T/A Holiday Inn Belfast
2. Industrial Temps Ltd
Constitution of Tribunal:
Vice President (sitting alone): Mrs M Price
Appearances:
The claimant was represented by Mr D Murphy, Solicitor, of the Law Centre (NI).
The first-named respondent was represented by Ms J Blair, Employment Law Solicitor.
The second-named respondent was represented by Mr D Bunting, of Peninsula Business Services Limited.
DECISION ON AN APPLICATION TO REVIEW
- There are two claims in relation to these respondents, one which is Case Reference No: 170/06 – Ewelina Bielawska, and the present claimant.
- Mr Bunting stated that due to an administrative error the same response was submitted on 8 March 2006 to both these claims and they put in the wrong name for this claimant. When the mistake was realised a further response was sent in on behalf of this claimant and it was dated 6 April 2006. It was outside the time limit provided and the response was rejected.
- Mr Murphy, for the claimant, stated that the two responses were not identical and that there was no good reason why they could not have put in the correct response for this claimant.
- However I have to look at the interests of justice in relation to this review and I am satisfied that to some extent it was an administrative error within Peninsula Business Services Limited that they did not get the correct name for this claimant. They have a valid defence to the claim and I accept that there would be prejudice suffered if the second-named respondent was not permitted to defend the claim. It has acknowledged that it was the employer of the claimant.
- I review the decision to reject the response and revoke it. The response now entered on 6 April 2006 will be accepted as a response to the claim.
- There are various issues in relation to the claimant presenting a grievance to both respondents and a potential time limit question. However, I am satisfied that in line with the overriding objective to deal with cases justly it is better to list this case for a full hearing on its merits and any such issues relevant may be raised at that time. I have also directed that the claimant's representative in the Bielawska case should be approached in regard to proposal for consolidation of the two claims.
Vice President:
Date and place of hearing: 24 August 2006, Belfast
Date decision recorded in register and issued to parties:
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