Sullivan v Bass Ireland Ltd [2002] NIIT 2210_00 (05 August 2002)

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    THE INDUSTRIAL TRIBUNALS

    CASE REF: 02210/00

    APPLICANT: James Sullivan

    RESPONDENT: Bass Ireland Ltd

    DECISION ON APPLICATION FOR REVIEW

    In exercise of the power conferred upon me by Rule 11(5) of the Rules of Procedure set out in Schedule 1 to the Industrial Tribunals (Constitution and Rules of Procedure) Regulations (Northern Ireland) 1996, I refuse the application for a review under Rule 11(1)(e) on the ground that it has no reasonable prospect of success.

    Reasons

  1. A decision was promulgated on 2 July 2002 and in that decision the tribunal unanimously held that the tribunal did not have jurisdiction to hear the applicant's complaint in view of the provisions of Article 145 of the Employment Rights (Northern Ireland) Order 1996.

  2. The Office of the Industrial Tribunals and Fair Employment Tribunal received an undated letter from the applicant on the 16 July 2002. It requested a review of the decision on the ground that a review was required in the interests of justice.

  3. I have carefully considered the submissions made by the applicant in his correspondence. The applicant is seeking that the tribunal reconsiders its decision on the facts without illustrating any specific grounds for review. I have carefully considered the matters raised by the applicant and consider that the matters raised show a failure on the part of the applicant to recognise that the decision promulgated on the 2 July concerned a preliminary issue and not the entirety of the applicant's complaint against the respondent. In summary the letter appears to allege that the decision reached was one which no reasonable tribunal could come to. As such I consider that these matters do not come within the meaning of Rule 11(1)(e) for the purposes of a review of the decision.

  4. It is not therefore appropriate to review the decision of the tribunal as in my opinion it has no reasonable prospect of success.

    5. Chairman:

    Date:

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URL: http://www.bailii.org/nie/cases/NIIT/2002/2210_00.html