Lynch v Perfecseal Ltd [2006] NIIT 572/06 (17 August 2006)

Lynch v Perfecseal Ltd [2006] NIIT 572/06 (17 August 2006)

The response should be accepted because the delay was caused by circumstances beyond the respondent's control (industrial action and postal disruption), no prejudice will affect the claimant, and considerable prejudice would be caused to the respondent if the response is not accepted.

Citation
[2006] NIIT 572/06
Parties
Claimant: Paul Martin Lynch; Respondent: Perfecseal Ltd
Jurisdiction
Northern Ireland
Judgment Date
17 August 2006
Procedural Posture
Industrial Tribunal / Application for Review of Decision Not to Accept Response
Outcome
Application for review allowed; decision not to accept response revoked; response to be accepted.
Legal Topics
Acceptance of Response, Procedural Fairness, Industrial Action Impact on Procedure
Employment Law Industrial Relations Acceptance of Response Procedural Fairness Industrial Action Impact on Procedure

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Party arguments 2
Sign in to unlock

Parties

Paul Martin Lynch

Claimant

Perfecseal Ltd

Respondent

Procedural Posture

Industrial Tribunal / Application for Review of Decision Not to Accept Response

Legal Issues

  1. 1 Whether the decision not to accept the respondent's response should be revoked due to delay caused by industrial action

Ratio Decidendi

The response should be accepted because the delay was caused by circumstances beyond the respondent's control (industrial action and postal disruption), no prejudice will affect the claimant, and considerable prejudice would be caused to the respondent if the response is not accepted.

Court Disposition

Application for review allowed; decision not to accept response revoked; response to be accepted.

Orders

  • The decision not to accept the response is revoked.
  • The response is to be accepted.