10
Thompson v Merck Pharmaceuticals (Preliminary Hearing) [2004] NIIT 1983_02 (21 January 2004)
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INDUSTRIAL TRIBUNALS
CASE REF: 1983/02
APPLICANT: Gillian Thompson
RESPONDENT: Merck Pharmaceuticals
DECISION
The unanimous decision of the tribunal is that:-
(a) The application be dismissed.
(b) No order as to costs be made.
Appearances:
The applicant was represented by Mr C Stafford Solicitor of Campbell Stafford Solicitors.
The respondent did not attend.
SUMMARY REASONS
- The applicant submitted, by fax, a letter of withdrawal prior to the hearing. In the light of this the tribunal considered the application should be dismissed.
- The respondent applied for an order as to costs on the basis that the applicant had conducted the case unreasonably by seeking to withdraw at such a late stage without explanation. The tribunal considered that it would be inappropriate and to deal with this application without affording the applicant an opportunity of being heard and adjourned the matter for that purpose.
- The tribunal reconvened to deal with the matter of costs. The respondent did not appear having indicated, by letter, that they did not propose to do so, that their position had been made clear at the time of their original application and that they were aware of correspondence which had taken place between the tribunal and the applicant's representatives, Messrs Campbell Stafford Solicitors. The respondent also indicated, by a further faxed letter, that they were agreeable to the application proceeding with a depleted panel, one member having succumbed to influenza.
- The applicant was represented by Mr Stafford of Messrs Campbell Stafford Solicitors. He indicated the applicant's agreement to the matter proceeding before a depleted tribunal.
- The tribunal heard and accepted evidence from the applicant's father to the effect that up to and including the day immediately prior to the hearing the applicant herself had intended to attend the hearing and present her case. However, on the evening of the day immediately prior to the hearing the applicant's medical condition had deteriorated significantly due to the prospect of appearing before the tribunal. The applicant's condition was such as to render it effectively impossible for her to appear. In the circumstances the applicant's father, who was then representing the applicant, agreed to withdraw the matter first thing in the morning. This he did. The tribunal also considered a medical report from the applicant's General Practitioner relating to her capacity to deal with stress.
- In the light of this evidence the tribunal considered that there was an explanation for the applicant's conduct and that it would be inappropriate, in the circumstances, to make an award of costs against her.
Chairman:
Date and place of hearing: 21 January 2004, Belfast.
Date decision recorded in register and issued to parties:
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