Industrial Tribunals Northern Ireland Decisions

THE INDUSTRIAL TRIBUNALS

 

CASE REF: 17270/18

 

 

CLAIMANT: Eimear Rice

 

RESPONDENTS: 1. SNS Nails & Beauty

2. Sonya Muckian

 

 

 

DECISION ON AN APPLICATION FOR REVIEW

 

The tribunal revokes the decision to strike out the claimant's claim.

 

 

 

CONSTITUTION OF TRIBUNAL

 

Employment Judge (sitting alone): Employment Judge Crothers

 

 

APPEARANCES:

 

The claimant appeared and represented herself.

 

The respondents had not entered responses to the claim.

 

 

REASONS

 

1.             The claimant presented a claim to the tribunal on 29 October 2018. She was notified that the case would be heard on 13 February 2019. The claimant did not appear at that hearing.

 

2.             On 13 February 2019 the claimant was sent a Notice of the Employment Judge's intention to strike out her claim on the ground that it had not been actively pursued unless she gave reasons in writing as to why it should not be struck out on or before 20 February 2019.

 

3.             In her evidence before the tribunal the claimant acknowledged receiving a Notice of Hearing. She forgot to look at the Notice of Hearing again and in her correspondence to the tribunal, received on 25 February 2019, apologised for not attending the tribunal or making the tribunal aware that she could not be there. She explained in that correspondence that she "had lost track of the hearing date and did not check the letter".

 

 

4.             The claimant provided further correspondence, received on 15 March 2019 in which she specified that her ground for review was that:-

 

"The decision was made in the absence of a party".

 

5.             The claimant explained to the tribunal that although her correspondence (received by the tribunal on 25 February 2019), was dated 19 February 2019, she had not posted that correspondence to the tribunal until a few days later. She later qualified this to indicate it was a "day or two" later.

 

6.             In her correspondence and evidence before the tribunal the claimant made clear that she wished to pursue her claim for arrears of wages.

 

7.             The ground relied on by the claimant does not mean that a party can choose not to attend a hearing and subsequently apply for a review of a decision, in this case, to strike out her claim. Therefore, a party who makes the decision not to appear at a tribunal hearing must bear the consequences. However, in the circumstances of this case the tribunal was satisfied that the claimant inadvertently failed to attend and was therefore satisfied that the decision to strike out the claim should be revoked on the ground relied on by the claimant.

 

 

 

 

 

 

 

Employment Judge:

 

 

Date and place of hearing: 17 April 2019, Belfast.

 

 

Date decision recorded in register and issued to parties: