Sterritt & Ors v Stewarts Supermarkets Ltd [2007] NIIT 4208_94 (10 May 2007)

Sterritt & Ors v Stewarts Supermarkets Ltd [2007] NIIT 4208_94 (10 May 2007)

The application for review was made well outside the 14-day limit. The claimants, though legally represented, failed to act promptly or seek discovery when they should have, and no satisfactory explanation was provided for the delay. The tribunal found no misrepresentation by Tesco and held that it was not just and equitable to extend time. The application for review was refused and the decision dismissing Tesco Stores Ltd from the proceedings was confirmed.

Citation
[2007] NIIT 4208_94
Parties
Claimants: Joan Sterritt & Others; First Named Respondent: Stewarts Supermarkets Ltd; Second Named Respondent: Associated British Foods Pension Trustees Ltd; First Notice Party: Tesco Stores Ltd; Second Notice Party: Tesco Pension Trustees Ltd
Jurisdiction
Northern Ireland
Judgment Date
10 May 2007
Procedural Posture
Industrial Tribunal Employment/pension Rights / Application for Review of Earlier Tribunal Decision (pre Hearing Review)
Outcome
Application for review refused; decision dismissing Tesco Stores Ltd from proceedings confirmed.
Legal Topics
Application for Review, Extension of Time, Joinder of Parties, Transfer of Undertakings (tupe), Occupational Pension Rights, Dismissal of Party From Proceedings
Employment Law Pension Law Application for Review Extension of Time Joinder of Parties Transfer of Undertakings (tupe) Occupational Pension Rights Dismissal of Party From Proceedings

Case Brief

Summary, issues, holding and outcome

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Parties

Joan Sterritt & Others

Claimants

Stewarts Supermarkets Ltd

First Named Respondent

Associated British Foods Pension Trustees Ltd

Second Named Respondent

Tesco Stores Ltd

First Notice Party

Tesco Pension Trustees Ltd

Second Notice Party

Procedural Posture

Industrial Tribunal Employment/pension Rights / Application for Review of Earlier Tribunal Decision (pre Hearing Review)

Legal Issues

  1. 1 Whether the application to review the decision dismissing Tesco Stores Ltd from proceedings should be allowed out of time
  2. 2 Whether it is just and equitable to extend the 14-day time limit for review
  3. 3 Whether new evidence or interests of justice require a review

Ratio Decidendi

The application for review was made well outside the 14-day limit. The claimants, though legally represented, failed to act promptly or seek discovery when they should have, and no satisfactory explanation was provided for the delay. The tribunal found no misrepresentation by Tesco and held that it was not just and equitable to extend time. The application for review was refused and the decision dismissing Tesco Stores Ltd from the proceedings was confirmed.

Court Disposition

Application for review refused; decision dismissing Tesco Stores Ltd from proceedings confirmed.

Orders

  • Application for review of decision dated 10 March 2006 is refused.
  • No extension of time granted under Rule 35(1).