Industrial Tribunals Northern Ireland Decisions

THE INDUSTRIAL TRIBUNALS

 

CASE REF:   450/13

 

 

 

CLAIMANT:                      Matthew McCallan

 

 

RESPONDENT:                Belfast City Council

 

 

 

DECISION ON A PRE-HEARING REVIEW

The tribunal answered both pre-hearing review issues in the negative.

 

Constitution of Tribunal:

Chairman (sitting alone):           Mr B Greene

Appearances:

The claimant was represented by Mr Daire Murphy of the Law Centre (NI).

 

The respondent was represented by Mr Mark McEvoy, of counsel, instructed by Belfast City Council.

 

 

1.       On 28 February 2013 the claimant lodged a claim for unfair dismissal and for less favourable treatment by reason of his fixed term employment status.

 

2.       In his claim form the claimant indicated that he was emigrating to America and he might be seeking facilities to enable him to give his evidence remotely.

 

3.       At a case management discussion on 20 May 2013 the claimant’s representative applied that his evidence be taken electronically, ie via Skype. 

 

4.       Arising from the application the tribunal directed that a pre-hearing review be held to consider whether the claimant be at liberty to adduce his evidence electronically in light of the provisions of Rule 15 of the Industrial Tribunal Rules of Procedure 2005.

 

5.       The pre-hearing review convened on 19 June 2013 to consider:-

 

          (1)    Whether interpretation of Rule 15 of the Industrial Tribunals Rules of Procedure (Schedule 1 to the Industrial Tribunals Constitution and Rules of Procedure) Regulations (NI) 2005 permits a witness to give evidence at a full hearing by way of electronic communication.

 

          (2)    If so, whether it would be just and equitable to allow the claimant to give evidence at a full hearing by way of electronic communication.

 

6.       Both parties made their submissions to the tribunal in support of the application to adduce the claimant’s evidence electronically and opposing it.  The tribunal having heard the submissions answered both preliminary issues in the negative. 

 

7.       Oral reasons were given at the hearing.

 

 

 

 

 

Chairman:

 

 

Date and place of hearing:  19 June 2013, Belfast.           

 

 

Date decision recorded in register and issued to parties: