O'Hara v Cairns International Transport

In these proceedings, the claimant complains in respect of his dismissal. He says that this was a discriminatory dismissal, contrary to the Fair Employment and Treatment (Northern Ireland) Order 1998.

The overriding objective of the Fair Employment Tribunal Regulations is to enable tribunals and Chairmen to deal with cases justly. Dealing with a case justly, in that context, includes ensuring that it is dealt with expeditiously, and saving expense. The parties are under an obligation to assist the tribunal or a Chairman to further the overriding objective.

One of the ways in which the overriding objective is pursued is by applying Case Management techniques.

Against that background, I am satisfied that the claim should be struck out on the grounds that it has not been actively pursued. In particular, the claimant has failed to assist Chairmen of this Tribunal in their duty to further the overriding objective (as referred to above), by not participating in Case Management Discussions.