Donnelly v Department of Finance & Personnel & Anor [2002] NIIT 555_98 (15 August 2002)

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URL: http://www.bailii.org/nie/cases/NIIT/2002/555_98.html
Cite as: [2002] NIIT 555_98

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    FAIR EMPLOYMENT TRIBUNAL

    CASE REF: 555/98FET

    APPLICANT: Dr M Donnelly

    RESPONDENTS: 1. Department of Finance & Personnel

    2. Department of Health and Social Services

    Decision on application to vary and set aside requirements of order made against the applicant on 9 July 2002

  1. On 9 July 2002, I, as President of the Industrial Tribunals and the Fair Employment Tribunal, required the applicant within 14 days to give to the respondent –

    2. (a) discovery of all documentation relevant to the applicant's application for review of a decision of the Fair Employment Tribunal, and

    (b) full particulars of his allegation that he was not duly informed of any relisted date, and

    (c) full particulars of each and every respect in which he alleges that he was not given a fair hearing.

  2. By communication received on 29 July 2002 the applicant applied 'to vary and set aside some of the requirements of this Order raised just before the twelfth bank holiday and not received until return from Staffordshire on 22 July'. The applicant asked for further time to consider and reply to the Order and applied for the Order for discovery of documents to be set aside since there may not be any relevant to the review and that an exhaustive search may be beyond the current resources of a litigant in person.

  3. The respondent in his response states that the applicant has not indicated how he wishes to vary the Order for particulars and that it is difficult, in content, to see how the Order could be varied. And if there are no relevant documents to discover, the applicant complies with the Order by stating that this is so. The applicant did respond to the Order to some extent at least on 30 July.

  4. I extended the time for compliance to 30 July 2002 by which date the applicant had provided a response to the respondent. I agree with the respondent that if there are no relevant documents to discover, then the applicant has only to say so to comply with the Order. And given the grounds which the applicant has stated to support his review application, he cannot resist an Order to give further particulars of these grounds.

  5. Accordingly, apart from extending time for compliance with the Orders to 30 July 2002, I affirm both Orders made on 9 July 2002.

    6. President

    Date:

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URL: http://www.bailii.org/nie/cases/NIIT/2002/555_98.html