Fitzpatrick v Department for Social Developm...Geraldine Devine Judith Woodburn [2015] NIIT 01763_14IT (09 July 2015)

Fitzpatrick v Department for Social Developm...Geraldine Devine Judith Woodburn [2015] NIIT 01763_14IT (09 July 2015)

Strike-out was refused because, despite the claimant's non-attendance at hearings and objections to dates, she engaged with the process through correspondence, was not obliged to attend, and her conduct did not cross the threshold for striking out her claims.

Citation
[2015] NIIT 01763_14IT
Parties
Claimant: Karen Fitzpatrick; Respondent: Department for Social Development; Respondent: Geraldine Devine; Respondent: Judith Woodburn
Jurisdiction
Northern Ireland
Judgment Date
09 July 2015
Procedural Posture
Industrial Tribunal / Pre Hearing Review on Strike Out Application
Outcome
Respondents' application for strike-out refused.
Legal Topics
Disability Discrimination, Part Time Worker Detriment, Strike Out Applications, Procedural Fairness
Employment Law Disability Discrimination Part Time Worker Detriment Strike Out Applications Procedural Fairness

Case Brief

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Parties

Karen Fitzpatrick

Claimant

Department for Social Development

Respondent

Geraldine Devine

Respondent

Judith Woodburn

Respondent

Procedural Posture

Industrial Tribunal / Pre Hearing Review on Strike Out Application

Legal Issues

  1. 1 Whether the claimant's claims should be struck out for unreasonable and vexatious conduct and persistent failure to comply with tribunal directions

Ratio Decidendi

Strike-out was refused because, despite the claimant's non-attendance at hearings and objections to dates, she engaged with the process through correspondence, was not obliged to attend, and her conduct did not cross the threshold for striking out her claims.

Court Disposition

Respondents' application for strike-out refused.

Orders

  • Case Management Discussion to be arranged to prepare the claim for hearing.