Closed Company allowed to Participate at Tribunal

An employer which had closed its business had requested standing to participate in a worker's appeal. The Tribunal found that the employer should be allowed to participate in the appeal. The fact that the employer did not have a financial interest in the outcome of the appeal was not a relevant consideration in relation to the question of whether the employer could participate in the appeal. It is common for employers to participate in appeals in which they do not have a
financial interest.

The case involved an occupational disease case and the Tribunal was of the view that these cases usually involve technical and complex evidence. Therefore, the participation of the employer on whose premises the alleged exposure took place is very likely to be of assistance to the Panel.

This case follows the line of reasoning set out in other cases. Workers should never assume that just because the 3 year NEER window has passed whereby an employer's premiums are not impacted by the results of an appeal that an employer will not participate in an appeal.