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Industrial Tribunals Northern Ireland Decisions |
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You are here: BAILII >> Databases >> Industrial Tribunals Northern Ireland Decisions >> Robinson v Anderson t/a L A Cabs [2012] NIIT 02861_12IT_2 (11 July 2012) URL: http://www.bailii.org/nie/cases/NIIT/2012/2861_12IT.html Cite as: [2012] NIIT 2861_12IT_2, [2012] NIIT 02861_12IT_2 |
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THE INDUSTRIAL TRIBUNALS
CASE REFS: 2861/11
CLAIMANT: Mary Robinson
RESPONDENT: Gary Anderson, t/a L A Cabs
DECISION ON A REVIEW
The decision of the tribunal (Chairman sitting alone) is that the decision promulgated on 26 April 2012 is hereby revoked pursuant to Rule 36(3) of the Industrial Tribunals (Constitution and Rules of Procedure) Regulations (Northern Ireland) 2005.
Constitution of Tribunal:
Chairman (Sitting alone): Ms J Knight
Appearances:
The claimant appeared and represented herself.
There was no appearance by the respondent.
1. A decision was promulgated on 26 April 2012 ordering the claimant’s employer to pay her the sum of £4,617.20, comprising £2,772.00 redundancy pay; £1,416.00 notice pay pursuant to Article 118 of the Employment Rights (Northern Ireland) Order 1996; £165.20 holiday pay and £264.00 pursuant to Article 27 of the Employment (Northern Ireland) Order 2003.The decision amended the title of the respondent to Gary Anderson t/a L A Cabs in accordance with the claimant’s evidence at the hearing.
3. On 3 May 2012, the claimant wrote to the Office of the Tribunals requesting amendment of the title of the respondent to A Magee Enterprises Ltd. She enclosed with her correspondence a letter from the Redundancy Payment Service of the Department of Employment and Learning dated 18 November 2011 which informed her that she must apply to an Industrial Tribunal citing her employer as respondent, advising that if she was awarded a redundancy payment by the tribunal and her employer still refuses to pay her but the Department would pay her directly. The claimant did not bring this letter with her to the hearing. A Magee Enterprises Limited, having its registered office at Campbell and Campbell, 100 University Street, Belfast, Northern Ireland, BT7 1HE, was not named as a respondent in the claimant’s originating claim form. The claimant was subsequently informed by the Redundancy Payments Branch that it could not pay her the redundancy payment ordered by the tribunal as her employer was not correctly named in the decision.
4.
The Chairman having considered the correspondence from the claimant decided to
treat her letter as an application for a review of the decision of the tribunal.
Rule 34 (3) of the Industrial Tribunals (Constitution and Rules of
Procedure) Regulations (Northern Ireland) 2005 (“the 2005 Rules”) makes
provision for the review of decisions on five specific grounds. It appears to
me that the claimant’s application for review should be considered on the ground
that
“(d) The interests of justice require such a review.”
5. A hearing was arranged to consider the claimant’s application for a review. The parties were notified that if the application for a review was granted the tribunal would move immediately to hear the review.
6. At the hearing of the claimant’s application the Chairman considered the oral and documentary evidence of the claimant. It was clear there had been understandable confusion on her part as to the correct title of her employer. The Chairman was satisfied that the interests of justice required a review of the decision as an employer should be correctly identified and named in the decision. The Chairman then moved immediately to hear the review and pursuant to Rule 36(3) of the 2005 Rules revoked the decision made against Gary Anderson t/a LA Cabs and ordered that the decision be taken again. The Chairman further ordered that the title of the respondent in the originating claim form be amended to A Magee Enterprises Ltd. The amended originating claim shall be served on A Magee Enterprises Ltd so that, if it wishes, may respond to the claim made against it by the claimant.
Chairman:
Date and place of hearing: 3July 2012 Belfast
Date decision recorded in register and issued to parties:
