Egan v NASUWT [2007] NIIT 334_05 (26 March 2007)

Egan v NASUWT [2007] NIIT 334_05 (26 March 2007)

The claimant is entitled to pursue his complaint under Article 31 of the Trade Union and Labour Relations (Northern Ireland) Order 1995. Issue estoppel applies to matters already determined by the Certification Officer, but Article 31(5) does not prevent the claimant from proceeding with his complaint before the tribunal, including matters not determined by the Certification Officer. The tribunal is bound by the Certification Officer's findings on issues already decided.

Citation
[2007] NIIT 334_05
Parties
Claimant: Richard Egan; Respondent: NASUWT
Jurisdiction
Northern Ireland
Judgment Date
26 March 2007
Procedural Posture
Industrial Tribunal Pre Hearing Review / Pre Hearing Review Decision
Outcome
Claimant entitled to proceed with complaint; issue estoppel applies to matters already determined by Certification Officer; tribunal refuses to determine deposit order application under Rule 20.
Legal Topics
Unjustifiable Discipline, Res Judicata, Issue Estoppel, Trade Union Membership, Disciplinary Procedures
Employment Law Trade Union Law Unjustifiable Discipline Res Judicata Issue Estoppel Trade Union Membership Disciplinary Procedures

Case Brief

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Parties

Richard Egan

Claimant

NASUWT

Respondent

Procedural Posture

Industrial Tribunal Pre Hearing Review / Pre Hearing Review Decision

Legal Issues

  1. 1 Whether proceedings are res judicata in light of Certification Officer's findings
  2. 2 Whether claimant should be ordered to pay a deposit due to little reasonable prospect of success
  3. 3 Whether complaint was submitted within prescribed time

Ratio Decidendi

The claimant is entitled to pursue his complaint under Article 31 of the Trade Union and Labour Relations (Northern Ireland) Order 1995. Issue estoppel applies to matters already determined by the Certification Officer, but Article 31(5) does not prevent the claimant from proceeding with his complaint before the tribunal, including matters not determined by the Certification Officer. The tribunal is bound by the Certification Officer's findings on issues already decided.

Court Disposition

Claimant entitled to proceed with complaint; issue estoppel applies to matters already determined by Certification Officer; tribunal refuses to determine deposit order application under Rule 20.

Orders

  • Complaint may proceed to hearing before tribunal on matters not determined by Certification Officer and on matters determined, subject to issue estoppel.
  • Application for deposit order under Rule 20 to be referred to differently constituted tribunal.