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Industrial Tribunals Northern Ireland Decisions


You are here: BAILII >> Databases >> Industrial Tribunals Northern Ireland Decisions >> Philson v Seagate Technology Media (Ireland) [2007] NIIT 1653_05 (5 March 2007)
URL: http://www.bailii.org/nie/cases/NIIT/2007/1653_05.html
Cite as: [2007] NIIT 1653_05, [2007] NIIT 1653_5

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THE INDUSTRIAL TRIBUNALS



CASE REF: 1653/05




CLAIMANT: Keith Philson



RESPONDENT: Seagate Technology Media (Ireland)




DECISION ON A PRE-HEARING REVIEW

The decision of the tribunal is that unless the claimant complies with an Order for Discovery issued on 15 May 2006, not later than 5 April 2007, the tribunal will make a decision striking-out his claim without further consideration or the need to hold a further hearing.



Constitution of Tribunal:

Chairman (sitting alone): Mr D Buchanan



Appearances:

The claimant did not appear at the hearing, nor was he represented.

The respondent was represented by Mr I Carroll, of the Engineering Employers' Federation.



  1. The claimant presented this claim to the industrial tribunals on 5 December 2005.


  1. On 15 May 2006 an Order for Discovery was made against the claimant on the application of the respondent.


3.

(i)

This Order was not complied with. On 16 January 2007 a Notice of Hearing was issued to the parties giving them notice of this strike-out hearing.





(ii)

The claimant did not appear at the hearing. He was not represented. He has not communicated with the Office of the Tribunals or the respondent's representative.





(iii)

The Notice of Hearing has not been returned by Royal Mail as undelivered. The same is true of a recent correspondence sent to the claimant from the Office of the Tribunals.


4. At the date of this hearing the Order has still not been complied with.


  1. I am satisfied, having regard to what has been set out in the preceding paragraphs, that the appropriate course is now to make an ‘Unless Order'.


6. UNLESS the claimant complies with the said Order for Discovery issued on 15 May 2006, not later than 5 April 2007, the tribunal will make a decision striking-out his claim without further consideration, or the need to hold a further hearing.








Chairman:



Date and place of hearing: 1 March 2007, Belfast



Date decision recorded in register and issued to parties:




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URL: http://www.bailii.org/nie/cases/NIIT/2007/1653_05.html