FAIR EMPLOYMENT TRIBUNAL

CASE REFS:   13/04 FET
96/04

CLAIMANT:		Ivor Turkington

RESPONDENT:		Newry & Mourne HSS Trust

DECISION

Constitution of Tribunal:
Chairman:		Mr Leonard
Members:		Mr Kerr
			Ms Lewis

Appearances:
The claimant appeared in person.
The respondent was represented by Mr F O’Reilly, Barrister-at-Law, instructed by Ms McClean, Central Services Agency.

1.	The hearing of the matter commenced on the afternoon of 8 May 2006 at 2.00 pm, with the claimant appearing and representing himself and the respondent being represented by solicitor and counsel and the hearing proceeded throughout the remainder of that day.

2.	On the following day, 9 May 2006, a facsimile transmission, consisting of a handwritten letter dated 9 May 2006 directed to the Chairman of the Tribunal, a copy medical document, and a handwritten cover note indicating that three pages were transmitted, was received at the Office of the Tribunals at 9.28 am on 9 May 2006.  The said letter dated 9 May 2006 appeared to have been personally signed by the claimant and in that letter the claimant stated:-

“I write to advise on the withdrawal of my case against Newry and Mourne HSST”;

	and provided in the letter were reasons for the withdrawal of the case.

3.	The Tribunal then proceeded to sit on 9 May 2006.  The claimant did not appear before the Tribunal on that date and he was not represented.  The respondent was represented by solicitor and counsel.  The Tribunal brought to the attention of the respondent’s representatives the nature and content of the said letter of 9 May 2006.  The respondent’s counsel indicated to the Tribunal that the respondent had no objection to the matter being withdrawn, and that the respondent did not seek any further order if the Tribunal was minded to make an order striking out the proceedings.  

4.	Accordingly, on foot of the claimant’s withdrawal of the proceedings, the Tribunal orders that the proceedings shall be struck out, without further order.

Chairman:

Date and place of hearing:	8 – 9 May 2006, Belfast

Date decision recorded in register and issued to parties: