Duffy v POA [2008] NIIT 1065_06IT (23 September 2008)

Duffy v POA [2008] NIIT 1065_06IT (23 September 2008)

The claimant's application for review was dismissed following its withdrawal; the tribunal had no jurisdiction to review the decision further as the claim had been withdrawn and dismissed. The respondent's application for costs was adjourned as the claimant had not been notified and must be given an opportunity to respond before any order is made.

Citation
[2008] NIIT 1065_06IT
Parties
Claimant: James Duffy; Respondent: POA
Jurisdiction
Northern Ireland
Judgment Date
23 September 2008
Procedural Posture
Industrial Tribunal Review / Review of Dismissal Decision Following Withdrawal of Claim
Outcome
Claimant's application for review dismissed following withdrawal; respondent's application for costs adjourned.
Legal Topics
Unlawful Expulsion From Union, Review of Tribunal Decision, Costs Applications, Enforcement of Certification Officer Orders
Employment Law Trade Union Law Unlawful Expulsion From Union Review of Tribunal Decision Costs Applications Enforcement of Certification Officer Orders

Case Brief

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Parties

James Duffy

Claimant

POA

Respondent

Procedural Posture

Industrial Tribunal Review / Review of Dismissal Decision Following Withdrawal of Claim

Legal Issues

  1. 1 Whether the decision dated 25 April 2008 should be reviewed under Rule 34 of the 2005 Rules
  2. 2 Whether the respondent is entitled to an order for costs under Rules 38-48 of the 2005 Rules

Ratio Decidendi

The claimant's application for review was dismissed following its withdrawal; the tribunal had no jurisdiction to review the decision further as the claim had been withdrawn and dismissed. The respondent's application for costs was adjourned as the claimant had not been notified and must be given an opportunity to respond before any order is made.

Court Disposition

Claimant's application for review dismissed following withdrawal; respondent's application for costs adjourned.

Orders

  • Title of respondent amended to POA.
  • Claimant's application for review dismissed following withdrawal.