Lynch v Perfecseal Ltd & Anor [2006] NIIT 574/06 (17 August 2006)

Lynch v Perfecseal Ltd & Anor [2006] NIIT 574/06 (17 August 2006)

The response was prepared timeously but delayed due to circumstances beyond the respondent's control; revoking the previous decision is just and proportionate, causing no prejudice to the claimant and preventing prejudice to the respondent.

Citation
[2006] NIIT 574/06
Parties
Claimant: Paul Martin Lynch; Respondent: Perfecseal Ltd; Respondent: MPA Recruitment
Jurisdiction
Northern Ireland
Judgment Date
17 August 2006
Procedural Posture
Industrial Tribunal / Application for Review of Acceptance of Response
Outcome
Application for review allowed; previous decision revoked.
Legal Topics
Acceptance of Response, Industrial Action, Procedural Fairness
Employment Law Acceptance of Response Industrial Action Procedural Fairness

Case Brief

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Parties

Paul Martin Lynch

Claimant

Perfecseal Ltd

Respondent

MPA Recruitment

Respondent

Procedural Posture

Industrial Tribunal / Application for Review of Acceptance of Response

Legal Issues

  1. 1 Whether the Tribunal should revoke its decision not to accept the first respondent's response

Ratio Decidendi

The response was prepared timeously but delayed due to circumstances beyond the respondent's control; revoking the previous decision is just and proportionate, causing no prejudice to the claimant and preventing prejudice to the respondent.

Court Disposition

Application for review allowed; previous decision revoked.

Orders

  • The decision not to accept the first named respondent's response is revoked.
  • The response of the first named respondent is to be accepted.