FAIR EMPLOYMENT TRIBUNAL

CASE REF:	196/05FET

CLAIMANT:	Robert Berry

RESPONDENT:	Dungannon and South Tyrone Borough Council

DECISION ON APPLICATION FOR REVIEW

I hereby extend the time for this request for a review of the decision not to accept the respondent’s response because I consider that it is in the interests of justice so to do.

Having considered the application for a review, I hereby revoke the decision not to accept the response and order that the response now be accepted.

Constitution of Tribunal:

Chairman:		Mrs M Davey

Appearances:

The claimant was represented by Mr O Toner, Solicitor, of Gus Campbell, Solicitors.

The respondent was represented by Mr S Elliott, Barrister-at-Law, instructed by Simmons Meglaughlin & Orr, Solicitors.

Reasons:

I am satisfied that an administrative error was made as between the respondent’s Personnel Department and the respondent’s representative in failing to request an extension of time in which to present this response within the 28 day period allowed, and in failing to present the response within the same period.  I am, however, satisfied that it would be in the interests of justice to allow a response to be made to this claim, as I am satisfied that the respondent would suffer more prejudice if it were debarred from defending this claim than the claimant will suffer if the respondent is permitted to respond to this claim.

Chairman:

Date and place of hearing: 30 March 2006, Belfast

Date decision recorded in register and issued to parties: