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Industrial Tribunals Northern Ireland Decisions |
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You are here: BAILII >> Databases >> Industrial Tribunals Northern Ireland Decisions >> Slipska v Michael Walsh (Senior) and Mic... [2014] NIIT 01086_13IT (04 March 2014) URL: http://www.bailii.org/nie/cases/NIIT/2014/1086_13IT.html Cite as: [2014] NIIT 01086_13IT, [2014] NIIT 1086_13IT |
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THE INDUSTRIAL TRIBUNALS
CASE REF: 1086/13
CLAIMANT: Beata Slipska
RESPONDENTS: Michael Walsh (Senior) and Michael Walsh (Junior)
t/a Walsh’s Pharmacy
DECISION ON A PRE-HEARING REVIEW
The decision of the tribunal is as follows:-
(i) I refuse the respondents application to strike-out the claimant’s claims; and
(ii) I make the Orders set out at Paragraphs 4, 5 and 6 below.
Constitution of Tribunal:
Chairman (sitting alone): Mr D Buchanan
Appearances:
The claimant did not appear at the hearing.
The respondents were represented by Ms R Best, Barrister-at-Law, instructed by Comerton & Hill, Solicitors.
1 This matter had been listed for a pre-hearing review to consider whether the claimant’s claims of alleged disability discrimination and unfair dismissal should be struck-out on account of her failure to comply with Orders of the Tribunal.
2(i) The claimant did not attend the hearing. It was scheduled to start at 10.00 am on 3 March 2014. At 9.13 am she phoned the Office of the Tribunals to say she would not be attending because she “was not well”, and at 9.29 am she sent an e-mail confirming she could not attend[sic] “for medical reason”. No medical evidence was furnished.
(ii) On the same date at 1.53 pm she sent a further e-mail enclosing a medical statement from her GP dated 3 March 2014 stating that she was not fit for work because of depression, and that this would be the case for one month. The medical statement was work-related and made no reference to her ability to attend or take part in legal proceedings, though the claimant was aware that this was an issue in the case.
3(i) The President of the Tribunals made an Order for Discovery and Inspection against the claimant on 28 November 2013 whereby she was ordered to provide various documents, including her GP notes and records, by 20 December 2013. This has not been done, despite an extension of time for compliance with the Order being made subsequently. She had been given until 17 January 2014 to provide her GP notes and records and any other medical evidence.
(ii) On 27 January 2014 she was further ordered to provide medical evidence relating to the nature and prognosis of her medical condition, her ability to deal with interlocutory matters, and her fitness to take part in the proceedings. This was to be done by 4.00 pm on Monday 10 February 2014.
This she has also failed to do.
(iii) No explanation has been given for the default, apart from the suggestion that the medical records supplied to her by a GP were incomplete, and that she did not agree with some of them.
4(i) The respondents’ representative very fairly conceded that strike-out was a drastic step. I agree, notwithstanding my grave reservations about the claimant’s conduct to date.
(ii) In these circumstances, I make the following Order:-
“Unless the claimant provides discovery to the respondents as set out in the Order made by the President of the Tribunals in her Order for Discovery and Inspection of 28 November 2013 (set out at Paragraph B of the Record of Proceedings issued on 2 December 2013) and in her further Order for Discovery and Inspection made and communicated by letter of 27 January 2014, the claimant’s claims to the tribunal will be struck-out without further notice or hearing.
This Order must be complied with by 11 March 2014.
5 Should the matter proceed to a full hearing, I direct that the respondents’ witnesses can give their evidence-in-chief orally, and set aside the previous direction that they provide witness statements.
6 I order that the claimant do pay to the respondents the sum of £400.00, together with VAT thereon, in respect of costs incurred by the latter in respect of this hearing.
I am satisfied that the claimant acted unreasonably by making her application for a postponement at the last minute.
Chairman:
Date and place of hearing: 3 March 2014, Belfast
Date decision recorded in register and issued to parties:
