MR O OKPONOBI v MRS D SMITH [2002] UKEAT 1269_00_2611
[1]APPEARANCES For the Appellant NO APPEARANCE OR REPRESENTATION BY OR ON BEHALF OF THE APPELLANT For the Respondent NO APPEARANCE OR REPRESENTATION BY OR ON BEHALF OF THE RESPONDENT HIS HONOUR JUDGE J McMULLEN QC On 7 March 2002 the Employment Appeal Tribunal, constituted as we are, considered the Appellant's appeal. Neither the Applicant nor his representative appeared nor did any of the Respondents.[2]The Tribunal gave a judgment which has been sent to the parties. Following that an application was made by the Applicant for a review. The basis of the review was that the Applicant did not know of the hearing and appeared to have drawn a line between himself and his representative.[3]The Tribunal ordered an affidavit to be produced by both the Applicant and his representative. The Applicant did produce such an affidavit indicating, to our satisfaction, that the Applicant did not know of the hearing and was not represented by his representative. In those circumstances, it was in our view right that a review be granted.[4]Today we have come together to hear the review. Neither the Applicant nor the Respondents are here. No Skeleton Argument has been produced by the Applicant, in breach of our directions. No new material, save for the documents to which we have referred, has been put before us since we last met on 7 March 2002.[5]In the circumstances we can shed no further light on this matter. Formally we have reviewed our decision and dismiss the appeal for the reasons set out in our previous judgment.