McClelland v Avis Rent-a-Car Ltd [2002] NIIT 2192_01 (04 July 2002)

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    THE INDUSTRIAL TRIBUNALS

    CASE REF: 2192/01

    APPLICANT: Mr David McClelland

    RESPONDENT: Avis Rent-a-Car Limited

    DECISION

    The originating application is dismissed.

    REASONS

  1. By Originating Application presented on 24 May 2001 the applicant indicated that he wished the tribunal to decide the following complaints:-

    2. (i) Breach of contract;

    (ii) Unfair dismissal;

    (iii) Outstanding written reasons for dismissal.

  2. By Notice of Appearance presented on 25 June 2001 the respondent denied the applicants complaints.

  3. By Notice dated 13 December 2001 the respondent sought Further Particulars from the applicant.

  4. By letter dated 14 January 2002 the respondent sought an Order for Further Particulars on the ground that the applicant had failed to respond to their Notices.

  5. On 17 April 2002 an Order for Further Particulars was granted in favour of the respondent against the applicant allowing 14 days for compliance.

  6. By letter dated 3 May 2002 the respondent informed the tribunal that the applicant had not responded to the Order for Further Particulars and applied for the applicant's Originating Application to be struck out for failure to comply.

  7. By letter dated 9 May 2002 the applicant was informed that an Application to strike out would be listed for hearing and that at that hearing he would be given the opportunity to show cause as to why his complaint should not be struck out and that a relevant consideration at the time of the hearing would be whether or not the Order had by then been complied with.

  8. By letter dated 27 May 2002 the parties were informed that the hearing would take place on 18 June 2002 at 10.00 a.m.

  9. The applicant did not appear at the hearing and the respondent indicated that the Order had still not been complied with.

    10. I was satisfied that without compliance with the Order the respondent would not be in a position to meet the applicant's complaints. As the applicant had failed to avail himself of the opportunity afforded to him to show cause why his Originating Application should not be struck out for Failure to Comply with the Order and having regard to the decision of the Court of Appeal in Re Darley's application, I directed that an Unless Order should be served on the applicant allowing him a further 21 days from the date of the Notice to comply with the Order for Further Particulars dated 17 April 2002 otherwise his Originating Application would be struck out for failure to comply with the Order.

  10. By fax dated 10 July 2002 the respondent informed the Tribunal Office that the Order had still not been complied with. In those circumstances and having regard to the matters set out above I dismiss the applicant's Originating Application due to his failure to comply with the Order.

    11. Chairman:

    Date decision recorded in register and issued to parties:

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URL: http://www.bailii.org/nie/cases/NIIT/2002/2192_01.html