Ansin v Mango Direct Marketing Limited (Discrimination - Disability Discrimination - Sex Unfair Dismissal) [2019] NIIT 05333_18IT (26 March 2019)

Ansin v Mango Direct Marketing Limited (Discrimination - Disability Discrimination - Sex Unfair Dismissal) [2019] NIIT 05333_18IT (26 March 2019)

Joinder of Stewart Lally and Susan Lally as respondents is granted as the greater injustice/hardship would be to the claimant if refused, despite delay. Part of Stewart Lally's witness statement is struck out for lack of relevance and probative value. Application to strike out part of Josephine Patterson's witness statement is refused. Discovery of contractual documentation relating to Suzanne Miller is ordered; other discovery applications are refused as not relevant or necessary.

Citation
[2019] NIIT 05333_18IT
Parties
Claimant: Marie Catherine Ansin; Respondent: Mango Direct Marketing Limited; Second Respondent: Stewart Lally; Third Respondent: Susan Lally
Jurisdiction
Northern Ireland
Judgment Date
26 March 2019
Procedural Posture
Industrial Tribunal Discrimination, Unfair Dismissal / Pre Hearing Review
Outcome
Joinder of Stewart Lally and Susan Lally as respondents granted; partial strike out of Stewart Lally's witness statement; discovery order for Suzanne Miller's contractual documentation; other applications refused; case management orders made.
Legal Topics
Disability Discrimination, Sex Discrimination, Unfair Dismissal, Joinder of Parties, Case Management, Discovery, Admissibility of Evidence
Employment Law Discrimination Law Disability Discrimination Sex Discrimination Unfair Dismissal Joinder of Parties Case Management Discovery +1 more

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Parties

Marie Catherine Ansin

Claimant

Mango Direct Marketing Limited

Respondent

Stewart Lally

Second Respondent

Susan Lally

Third Respondent

Procedural Posture

Industrial Tribunal Discrimination, Unfair Dismissal / Pre Hearing Review

Legal Issues

  1. 1 Whether Stewart Lally and Susan Lally should be joined as respondents
  2. 2 Whether parts of witness statements should be struck out
  3. 3 Whether discovery orders should be granted or extended

Ratio Decidendi

Joinder of Stewart Lally and Susan Lally as respondents is granted as the greater injustice/hardship would be to the claimant if refused, despite delay. Part of Stewart Lally's witness statement is struck out for lack of relevance and probative value. Application to strike out part of Josephine Patterson's witness statement is refused. Discovery of contractual documentation relating to Suzanne Miller is ordered; other discovery applications are refused as not relevant or necessary.

Court Disposition

Joinder of Stewart Lally and Susan Lally as respondents granted; partial strike out of Stewart Lally's witness statement; discovery order for Suzanne Miller's contractual documentation; other applications refused; case management orders made.

Orders

  • Stewart Lally and Susan Lally joined as second and third respondents.
  • Newly joined respondents may present response within 28 days.