THE INDUSTRIAL TRIBUNALS

CASE REF:	3969/03

APPLICANT:		Marcus Stephen Hegarty

RESPONDENT:		John Henderson Ltd

DECISION
The unanimous decision of the tribunal is that the application is dismissed following its withdrawal without any objections.  The applicant is ordered to pay to the respondent the sum of £500.00 by way of costs.

Appearances:
The applicant did not attend and was not represented.
The respondent was represented by Mr P Coll, Barrister at Law, instructed by Hewitt & Gilpin, Solicitors.

1.	This application was withdrawn by fax received at 9.05 am on the morning of hearing.  Mr Coll did not object to the withdrawal of the application, but made an application for costs.  The basis of his application was that an associated case on the same facts, that of Stephen McMillan, had been dismissed by the tribunal on 3 March 2004.  Mr Coll argued that it was unreasonable of the applicant to maintain his action until the morning of the hearing in these circumstances.  He referred to the expense to which the respondent had been put in consequence of this.

2.	The tribunal considered this application and decided the behaviour of the applicant in pursuing the application was unreasonable.  We accepted that the respondent had been caused unnecessary expense.  The tribunal therefore order that the applicant pay to the respondent the sum of £500.00 in respect of the costs incurred by the respondent in relation to preparation of the case and attendance at this hearing.

Chairman:

Date and place of hearing:		21 May 2004, Belfast

Date decision recorded in register and issued to parties: