Lavery v Robert Ferguson Warehouse Direct [2009] NIIT 1364_08IT (18 May 2009)

The review application was dismissed because the claimant withdrew her claim against the first respondent, rendering the review application a nullity.

Citation: [2009] NIIT 1364_08IT
Parties: Claimant: Olivia Lavery; First Respondent: Robert Ferguson; Second Respondent: Warehouse Direct (Discount Stores) Ltd
Jurisdiction: Northern Ireland
Judgment Date: 18 May 2009
Procedural Posture: Industrial Tribunal / Review Application
Outcome: application dismissed
Legal Topics: Redundancy Payment, Holiday Pay, Notice Pay, Review of Response Rejection

Employment Law Redundancy Payment Holiday Pay Notice Pay Review of Response Rejection

Case Brief

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Full judgment text Downloadable case file Legal principles 1 Party arguments 2

Parties

Olivia Lavery

Claimant

Robert Ferguson

First Respondent

Warehouse Direct (Discount Stores) Ltd

Second Respondent

Procedural Posture

Industrial Tribunal / Review Application

Legal Issues

1 whether the first respondent's late response should be reviewed
2 whether the first respondent was the claimant's employer

Ratio Decidendi

The review application was dismissed because the claimant withdrew her claim against the first respondent, rendering the review application a nullity.

Court Disposition

application dismissed

Orders

first respondent dismissed from proceedings
review application dismissed