Orr v Williams Industrial Services L... [2010] NIIT 01494_10IT (04 March 2011)

There was a genuine dispute as to the identity of the employer, and no evidence of unreasonable or misleading conduct by the first-named respondent; therefore, no order for costs is justified.

Citation: [2010] NIIT 1494_10IT
Parties: Claimant: John Orr; First Named Respondent: Williams Industrial Services Ltd; Second Named Respondent: Northern Ireland Water Limited
Jurisdiction: Northern Ireland
Judgment Date: 02 December 2010
Procedural Posture: Industrial Tribunal / Decision on Costs After Dismissal of Substantive Claim
Outcome: Application for costs refused
Legal Topics: Costs, Employer Identity, Unreasonable Conduct, Tribunal Procedure

Employment Law Costs Employer Identity Unreasonable Conduct Tribunal Procedure

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 3 Party arguments 2

Parties

John Orr

Claimant

Williams Industrial Services Ltd

First Named Respondent

Northern Ireland Water Limited

Second Named Respondent

Procedural Posture

Industrial Tribunal / Decision on Costs After Dismissal of Substantive Claim

Legal Issues

1 Whether the first-named respondent acted unreasonably, vexatiously, abusively, disruptively, or otherwise in a manner justifying a costs order under Rule 40 of the Industrial Tribunals Rules of Procedure 2005

Ratio Decidendi

There was a genuine dispute as to the identity of the employer, and no evidence of unreasonable or misleading conduct by the first-named respondent; therefore, no order for costs is justified.

Court Disposition

Application for costs refused