Magorrian v Saliis Limited [2017] NIIT 02489_16IT (13 June 2017)

Magorrian v Saliis Limited [2017] NIIT 02489_16IT (13 June 2017)

The tribunal was not satisfied that the disputed evidence would not be of material assistance or that its admission would cause inconvenience, expense, delay, or oppression. Therefore, it was not appropriate to exercise discretion to exclude the evidence at this stage, and the application to strike out was refused.

Source-derived case information.

Citation
[2017] NIIT 02489_16IT
Parties
Claimant: Áine Mary Magorrian; Respondent: Saliis Limited
Jurisdiction
Northern Ireland
Judgment Date
13 June 2017
Procedural Posture
Industrial Tribunal Employment / Pre Hearing Review
Outcome
Respondent's application to strike out paragraphs 4-15 of the claimant’s witness statement at pre-hearing review is refused.
Legal Topics
Sex Discrimination, Unfair Dismissal, Maternity Leave, Admissibility of Evidence, Case Management
Employment Law Sex Discrimination Unfair Dismissal Maternity Leave Admissibility of Evidence Case Management

Source-derived case record

Summary, issues, holding and outcome

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Parties

Áine Mary Magorrian

Claimant

Saliis Limited

Respondent

Procedural Posture

Industrial Tribunal Employment / Pre Hearing Review

Legal Issues

  1. 1 Whether to strike out paragraphs 4-15 of the claimant’s witness statement at the pre-hearing stage
  2. 2 Whether it is appropriate to exercise discretion to rule on admissibility of evidence at this stage
  3. 3 Whether the evidence in dispute is admissible

Ratio Decidendi

The tribunal was not satisfied that the disputed evidence would not be of material assistance or that its admission would cause inconvenience, expense, delay, or oppression. Therefore, it was not appropriate to exercise discretion to exclude the evidence at this stage, and the application to strike out was refused.

Court Disposition

Respondent's application to strike out paragraphs 4-15 of the claimant’s witness statement at pre-hearing review is refused.

Orders

  • The evidence in paragraphs 4-15 of the claimant’s witness statement is not struck out and may be considered at the substantive hearing.