DR A ABEGAZE v MID KENT COLLEGE OF HIGHER AND FURTHER EDUCATION [2000] UKEAT 748_00_2306
[1]APPEARANCES For the Appellant NO APPEARANCE OR REPRESENTATION BY OR ON BEHALF OF THE APPELLANT For the Respondents NO APPEARANCE OR REPRESENTATION BY OR ON BEHALF OF THE RESPONDENTS MISS RECORDER ELIZABETH SLADE QC : We have before us an appeal by Dr Abegaze against the Order of a Chairman of Tribunals, who has refused Dr Abegaze's request for a Witness Order against the Principal of the Mid Kent College of Higher and Further Education, which is the Respondent to Dr Abegaze's complaint of race discrimination.[2]The Order of the Chairman is dated 20 June 2000. Dr Abegaze appeals by letter dated 21 June. We are informed that Dr Abegaze was notified of the date and time of this hearing by a telephone call made to and message left on his mobile telephone number at 11:35 this morning. We are also told that the details of this afternoon's hearing were also faxed at 11:31 this morning.[3]We are of the view that, in the absence of Dr Abegaze, it would not be right to proceed to a hearing of his appeal, bearing in mind that we are not satisfied that he will have picked up or received the notification left on his mobile telephone or received the fax.[4]In those circumstances we feel we have no option but to adjourn this appeal so that a further notification can be given to Dr Abegaze of a hearing date and time. We are not satisfied Dr Abergaze has actually received the notifications which have undoubtedly been sent and we adjourn the hearing so that notification can be sent. The appeal will have to be considered at a resumed hearing.