Maxwell v Ashdon Care Ltd (t/a Beverly Lodge Nursing Home) [2006] NIIT 465_06 (24 August 2006)

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You are here: BAILII >> Databases >> Industrial Tribunals Northern Ireland Decisions >> Maxwell v Ashdon Care Ltd (t/a Beverly Lodge Nursing Home) [2006] NIIT 465_06 (24 August 2006)
URL: http://www.bailii.org/nie/cases/NIIT/2006/465_06.html
Cite as: [2006] NIIT 465_06, [2006] NIIT 465_6

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    THE INDUSTRIAL TRIBUNALS

    CASE REF: 465/06

    CLAIMANT: Violet Maxwell

    RESPONDENT: Ashdon Care Ltd T/A Beverly Lodge Nursing Home

    Constitution of Tribunal:

    Vice President (sitting alone): Mrs M Price

    Appearances:

    The claimant did not appear.

    The respondent was represented by Mr T Sheridan, of Peninsula Business Services Limited.

    DECISION ON AN APPLICATION TO REVIEW

  1. The claimant lodged her claim on 20 April 2006 and a response was due to be entered by 25 May 2006. The response was actually entered on 31 May 2006.

  2. Mrs Magowan gave evidence to the tribunal and stated that she discussed the case with her solicitors and then went to Peninsula Business Services to enter a response.

  3. Mr Sheridan stated that they believed that the respondent already had entered a response when they took over the case. When they realised that this not happened they faxed in a response on 31 May 2006. I can accept that the response is six days late but three of those days were over a Bank Holiday weekend and the tribunal would not have been in a position to accept the response at that stage.

  4. I am satisfied that the decision to reject the response should be reviewed under Rules 34(1) and 34(3)(e), namely the interests of justice require such a review. I am satisfied that the respondent has a defence to this claim and would be prejudiced if the response was rejected. I am satisfied that when Peninsula became involved they acted as quickly as they could to present the response to the tribunal.

  5. I considered the contents of John Ross & Son's letter of 20 June 2006 in which they object to a review of the decision because they did not accept the explanation that the respondent thought it had sent a response. I accepted evidence given by Mrs Magowan on this point.

  6. The case has been listed for a full hearing on 13 September 2006. The respondent stated that they would be ready to present their evidence on this date and I direct that the full hearing goes ahead on that date.

    7. Vice President:

    Date and place of hearing: 24 August 2006, Belfast

    Date decision recorded in register and issued to parties:

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URL: http://www.bailii.org/nie/cases/NIIT/2006/465_06.html