EMPLOYMENT APPEAL TRIBUNAL

Appeal No EAT/0614/03/MAA

Before :

THE HONOURABLE MR JUSTICE KEITH

MR A HARRIS

MR D S SMITH

In the Matter of Section 33 of the Employment Tribunals Act 1996 (as amended)

Between :

HER MAJESTY’S ATTORNEY GENERAL  Applicant

and

MR O F AYOVUARE  Respondent

Upon reading the Originating Application herein dated the 4th day of August 2003 issued by the Applicant, Her Majesty’s Attorney General, seeking a Restriction of Proceedings Order against the above named Respondent, O F Ayovuare, pursuant to section 33 of the Employment Tribunals Act 1996 on the grounds that the said O F Ayovuare has habitually and persistently and without any reasonable grounds instituted vexatious proceedings in the Employment Tribunals and the Employment Appeal Tribunal.

And upon reading the witness statement of Edward Holder sworn on the 14th day of July 2003 together with the exhibits thereto on behalf of the Applicant in these proceedings and the answer and affidavit of the above named Respondent dated the 11th day of August 2003 and sworn on 11th day of August 2003.

And upon hearing Mr Adam Tolley of Counsel on behalf of the Applicant and Mr O F Ayovuare the Respondent in person.

It is ordered that the Application be granted and that a Restriction of Proceedings Order is hereby made so that:

(1)	No proceedings shall without the permission of the Employment Appeal Tribunal be instituted in any Employment Tribunal or before the Employment Appeal Tribunal by O F Ayovuare, whether by himself or through another;
(2)	Any proceedings instituted by O F Ayovuare in any Employment Tribunal or before the Employment Appeal Tribunal before the making of this Order shall not be continued by him without the permission of the Employment Appeal Tribunal;
(3)	No application (other than an application for permission pursuant to section 33 of the said Act) is to be made by O F Ayovuare, whether by himself or through another, in any proceedings in any Employment Tribunal or before the Employment Appeal Tribunal without the permission of the Employment Appeal Tribunal.

And that this Order shall remain in force indefinitely.

It is directed that there be a transcript of the Judgment.

It is further directed that any application for permission to appeal should be made direct to the Court of Appeal within 14 days of the seal date of this Order.

Dated the 30th day of October 2003

To: The Treasury Solicitor (Employment Team) for the Applicant Mr O F Ayovuare the Respondent

The Secretary, Central Office of Employment Tribunals, England & Wales