Kyi v. Post Office [2001] UKEAT 1093_00_2305 (23 May 2001)

Kyi v. Post Office [2001] UKEAT 1093_00_2305 (23 May 2001)

The Notice of Appeal disclosed no arguable point of law; the Tribunal was entitled to strike out the claim as frivolous and vexatious due to res judicata and the appellant's failure to show cause; no injustice was caused by refusing further adjournment and proceeding in the appellant's absence.

Citation
[2001] UKEAT 1093_00_2305
Parties
Appellant: Ms Kyi; Respondent: Royal Mail / Post Office
Jurisdiction
United Kingdom
Judgment Date
23 May 2001
Procedural Posture
Employment Appeal / Preliminary Hearing
Outcome
Appeal dismissed
Legal Topics
Strike Out Applications, Res Judicata, Frivolous and Vexatious Claims, Adjournment on Medical Grounds
Employment Law Strike Out Applications Res Judicata Frivolous and Vexatious Claims Adjournment on Medical Grounds

Case Brief

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Parties

Ms Kyi

Appellant

Royal Mail / Post Office

Respondent

Procedural Posture

Employment Appeal / Preliminary Hearing

Legal Issues

  1. 1 Whether the Employment Tribunal erred in law in striking out the appellant's claim as frivolous and vexatious
  2. 2 Whether the appellant's repeated claims were barred by res judicata
  3. 3 Whether the appellant was entitled to further adjournment on medical grounds

Ratio Decidendi

The Notice of Appeal disclosed no arguable point of law; the Tribunal was entitled to strike out the claim as frivolous and vexatious due to res judicata and the appellant's failure to show cause; no injustice was caused by refusing further adjournment and proceeding in the appellant's absence.

Court Disposition

Appeal dismissed

Orders

  • Appeal is dismissed; no further adjournment granted