Galloway v Boxpak Ltd [2008] NIIT 58_08IT (11 August 2008)

Galloway v Boxpak Ltd [2008] NIIT 58_08IT (11 August 2008)

The three-week delay in serving the witness statement was not intentional, contumelious, or inordinate, nor did it cause prejudice or make a fair hearing impossible; therefore, strike out was not justified.

Source-derived case information.

Citation
[2008] NIIT 58_08IT
Parties
Claimant: Sarah Galloway; Respondent: Boxpak Ltd
Jurisdiction
Northern Ireland
Judgment Date
11 August 2008
Procedural Posture
Industrial Tribunal (northern Ireland) / Pre Hearing Review on Application to Strike Out Claim
Outcome
Application to strike out refused
Legal Topics
Unfair Dismissal, Discriminatory Dismissal, Part Time Workers Regulations, Breach of Contract, Strike Out Applications, Case Management
Employment Law Unfair Dismissal Discriminatory Dismissal Part Time Workers Regulations Breach of Contract Strike Out Applications Case Management

Source-derived case record

Summary, issues, holding and outcome

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Parties

Sarah Galloway

Claimant

Boxpak Ltd

Respondent

Procedural Posture

Industrial Tribunal (northern Ireland) / Pre Hearing Review on Application to Strike Out Claim

Legal Issues

  1. 1 Whether the claimant's claim should be struck out for failure to comply with tribunal orders

Ratio Decidendi

The three-week delay in serving the witness statement was not intentional, contumelious, or inordinate, nor did it cause prejudice or make a fair hearing impossible; therefore, strike out was not justified.

Court Disposition

Application to strike out refused

Orders

  • The respondent's application to strike out the claimant's claim for failure to comply with tribunal orders is refused.