Can YOU tell me?
On my journey to appeal, I have been told, and saw communications where others have been repeatedly told that the “Northern Ireland Industrial Tribunal is an independent judicial body that operates separately from the Northern Ireland Courts and Tribunals Service (NICTS)”.
If someone wishes to appeal a decision made by the Industrial Tribunal in Northern Ireland, and other than the right to ask for a ‘reconsideration’, they can appeal to the Court of Appeal (on a point of law only) who operates within the NICTS.
This is, in my understanding, because the Court of Appeal is a higher court than the Industrial Tribunal and has the authority to review decisions made by lower courts or tribunals.
I was appealing the decision until - see yesterdays post HERE.
In response to my request for confirmation, you will see that to lodge a ‘Notice of Appeal’ it costs £652.00. I don’t even make that a month let alone have it lying around so:
I read the Guidance: Do I have to pay court fees? HERE and with certainty sent off my ER1.
According to NI Direct, in my journey to the Court of Appeal:
On contacting many solicitors, I know there is NO form of legal aid available in NI for employment matters when dealing with the tribunal, this is why I have had to represent myself – I cannot afford legal representation.
However, according to the above while on this journey to the Court of Appeal “I have the right to legal aid”.
I confirm that the following would not help me, at any point on this journey:
The Equality Commission
The Northern Ireland Human Rights Commission (NIHRC)
This ‘remedy before the right’ approach from the NIHRC will be tackled at a later date:
The Bar of NI
The Law Centre
The LRA – got me my ‘Early Conciliation Certificates’.
I’m sure I have forgotten someone…
Could/would not:
Solicitors (a lot of) - sincere thanks is given to those who at least listened.
In response to my application for remission of fees, I received this…
“This does not fall under NICTS to exempt the fee”.
As you can see, no where in the above literature (or links) does it say that I will need to go through the Industrial Tribunal to seek remission of fees!
Those who have experienced #Lawfare will know that 1) the mere possibility of appealing can be effective, and 2) it represents a significant CONFLICT OF INTEREST to have to return to the Industrial Tribunal, which has recently rendered a perverse decision that I, the appellant, am contesting.
I ask you:
For what reason would the Court of Appeal need me to do this?
Tell me below.
While I consider myself ‘lucky’ to have received a reconsideration hearing, I may need to appeal that decision in the future! What will come from it? Watch this space.
I ask you:
If I have the right to legal aid to go to a ‘higher court’, why am I still doing this alone?
Tell me below.