McCann & Anor v Vector Facilities Management & Anor [2013] NICA 14 (15 March 2013)

McCann & Anor v Vector Facilities Management & Anor [2013] NICA 14 (15 March 2013)

The tribunal was entitled to conclude that the chairman's earlier refusal to allow amendment was not a final determination but an exercise of case management powers under Rule 18(2)(b), and thus could be varied or revoked. The tribunal had jurisdiction to allow the amendment to include the information and consultation duty claim against Wallace.

Citation
[2013] NICA 14
Parties
Claimant/respondent: John McCann; Claimant/respondent: Jonathan McCann; First Named Respondent: Vector Facilities Management; Second Named Respondent/appellant: Wallace Contracts (NBI) Limited
Jurisdiction
Northern Ireland
Judgment Date
15 March 2013
Procedural Posture
Appeal From Industrial Tribunal / Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Amendment of Pleadings, Jurisdiction of Tribunal, Transfer of Undertakings (tupe), Information and Consultation Duties, Procedural Rules
Employment Law Civil Procedure Amendment of Pleadings Jurisdiction of Tribunal Transfer of Undertakings (tupe) Information and Consultation Duties Procedural Rules

Case Brief

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Parties

John McCann

Claimant/respondent

Jonathan McCann

Claimant/respondent

Vector Facilities Management

First Named Respondent

Wallace Contracts (NBI) Limited

Second Named Respondent/appellant

Procedural Posture

Appeal From Industrial Tribunal / Appeal Judgment

Legal Issues

  1. 1 Whether the tribunal had jurisdiction to allow amendment of claim after a prior refusal at Pre Hearing Review
  2. 2 Whether the prior refusal was a final determination or could be varied/revoked

Ratio Decidendi

The tribunal was entitled to conclude that the chairman's earlier refusal to allow amendment was not a final determination but an exercise of case management powers under Rule 18(2)(b), and thus could be varied or revoked. The tribunal had jurisdiction to allow the amendment to include the information and consultation duty claim against Wallace.

Court Disposition

Appeal dismissed

Orders

  • Matter remitted to the same tribunal for continuation of the hearing