Slipska v Michael Walsh (Senior) and Mic... [2014] NIIT 01086_13IT (04 March 2014)

Slipska v Michael Walsh (Senior) and Mic... [2014] NIIT 01086_13IT (04 March 2014)

Strike-out was refused as a disproportionate response at this stage, but a peremptory order was made requiring compliance with discovery orders by a specified date, failing which the claim would be struck out without further notice. Costs were awarded against the claimant for unreasonable conduct in seeking a last-minute postponement.

Citation
[2014] NIIT 01086_13IT
Parties
Claimant: Beata Slipska; Respondents: Michael Walsh (Senior) and Michael Walsh (Junior) t/a Walsh’s Pharmacy
Jurisdiction
Northern Ireland
Judgment Date
04 March 2014
Procedural Posture
Industrial Tribunal Pre Hearing Review / Pre Hearing Review on Application to Strike Out Claims
Outcome
Application to strike out refused; peremptory order for compliance issued; costs awarded against claimant.
Legal Topics
Disability Discrimination, Unfair Dismissal, Strike Out Applications, Discovery Orders, Costs
Employment Law Disability Discrimination Unfair Dismissal Strike Out Applications Discovery Orders Costs

Case Brief

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Parties

Beata Slipska

Claimant

Michael Walsh (Senior) and Michael Walsh (Junior) t/a Walsh’s Pharmacy

Respondents

Procedural Posture

Industrial Tribunal Pre Hearing Review / Pre Hearing Review on Application to Strike Out Claims

Legal Issues

  1. 1 Whether the claimant's claims should be struck out for failure to comply with tribunal orders
  2. 2 Whether costs should be awarded against the claimant

Ratio Decidendi

Strike-out was refused as a disproportionate response at this stage, but a peremptory order was made requiring compliance with discovery orders by a specified date, failing which the claim would be struck out without further notice. Costs were awarded against the claimant for unreasonable conduct in seeking a last-minute postponement.

Court Disposition

Application to strike out refused; peremptory order for compliance issued; costs awarded against claimant.

Orders

  • Unless the claimant provides discovery as previously ordered by 11 March, the claims will be struck out without further notice or hearing.
  • Respondents’ witnesses may give evidence-in-chief orally at full hearing; previous direction for witness statements set aside.