Cass v AMT-SYBEX Ltd [2010] NIIT 7527_09IT (21 October 2010)

Cass v AMT-SYBEX Ltd [2010] NIIT 7527_09IT (21 October 2010)

The claimant failed to take reasonable steps to progress her claim, did not comply with directions, and did not attend hearings, demonstrating disrespect and/or contempt for the tribunal and its procedures. However, given the seriousness of strike out, the tribunal issued an Unless Order giving the claimant a final opportunity to comply before striking out the claim.

Citation
[2010] NIIT 7527
Parties
Claimant: Linda Cass; Respondent: AMT-SYBEX Ltd; Respondent: John Murphy; Respondent: Paul Reynolds; Respondent: Tom Devlin; Respondent: Brian Mitchell
Jurisdiction
Northern Ireland
Judgment Date
21 October 2010
Procedural Posture
Industrial Tribunal / Pre Hearing Review
Outcome
Unless Order issued; claim to be struck out if claimant does not comply by 9 November 2010
Legal Topics
Part Time Workers, Unlawful Detriment, Unlawful Deduction From Wages, Case Management, Strike Out Applications, Costs
Employment Law Part Time Workers Unlawful Detriment Unlawful Deduction From Wages Case Management Strike Out Applications Costs

Case Brief

Summary, issues, holding and outcome

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Parties

Linda Cass

Claimant

AMT-SYBEX Ltd

Respondent

John Murphy

Respondent

Paul Reynolds

Respondent

Tom Devlin

Respondent

Brian Mitchell

Respondent

Procedural Posture

Industrial Tribunal / Pre Hearing Review

Legal Issues

  1. 1 Whether the claim should be struck out for failure to actively pursue it
  2. 2 Whether the claimant should be ordered to pay costs

Ratio Decidendi

The claimant failed to take reasonable steps to progress her claim, did not comply with directions, and did not attend hearings, demonstrating disrespect and/or contempt for the tribunal and its procedures. However, given the seriousness of strike out, the tribunal issued an Unless Order giving the claimant a final opportunity to comply before striking out the claim.

Court Disposition

Unless Order issued; claim to be struck out if claimant does not comply by 9 November 2010

Orders

  • Unless Order: Claimant must, by 9 November 2010, inform the tribunal and respondents' solicitor in writing that she agrees the factual issues sent to her on 21 April 2010 or send an amended list of factual issues; otherwise, the claim will be struck out without further notice or hearing.
  • If claimant complies, further hearing on 12 November 2010 to finalise issues and consider respondents' application for costs.