Topping v Peter Scott T/A Summit Printin... [2010] NIIT 01069_10IT (17 September 2010)

Topping v Peter Scott T/A Summit Printin... [2010] NIIT 01069_10IT (17 September 2010)

The claimant successfully rebutted the presumption of service by proving he did not receive the Notice of Hearing; therefore, the interests of justice require the claim to be reinstated.

Source-derived case information.

Citation
[2010] NIIT 01069_10IT
Parties
Claimant: Philip Topping; Respondent: Peter Scott T/A Summit Printing
Jurisdiction
Northern Ireland
Judgment Date
17 September 2010
Procedural Posture
Review of Tribunal Decision / Review Hearing
Outcome
application for review granted; dismissal revoked; claim reinstated
Legal Topics
Redundancy Payment, Review of Tribunal Decision, Notice of Hearing, Procedural Fairness
Employment Law Redundancy Payment Review of Tribunal Decision Notice of Hearing Procedural Fairness

Source-derived case record

Summary, issues, holding and outcome

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Parties

Philip Topping

Claimant

Peter Scott T/A Summit Printing

Respondent

Procedural Posture

Review of Tribunal Decision / Review Hearing

Legal Issues

  1. 1 Whether the claimant received notice of the hearing
  2. 2 Whether the dismissal for want of prosecution should be revoked

Ratio Decidendi

The claimant successfully rebutted the presumption of service by proving he did not receive the Notice of Hearing; therefore, the interests of justice require the claim to be reinstated.

Court Disposition

application for review granted; dismissal revoked; claim reinstated

Orders

  • The claimant's application for review is granted.
  • The decision to dismiss the claim is revoked.