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Fair Employment Tribunal Northern Ireland Decisions
You are here: BAILII >> Databases >> Fair Employment Tribunal Northern Ireland Decisions >> Hibbard v Northern Excavators Ltd [2014] NIFET 00014_14FET (27 August 2014)
URL: http://www.bailii.org/nie/cases/NIFET/2014/14_14FET.html
Cite as: [2014] NIFET 14_14FET, [2014] NIFET 00014_14FET
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FAIR EMPLOYMENT TRIBUNAL
CASE REFS: 14/14 FET
325/14
CLAIMANT: Kevin Hibbard
RESPONDENT: Northern Excavators Ltd
DECISION
The unanimous decision of the Tribunal is that the claims of unlawful discrimination on the grounds of religion and/or political opinion and failure to pay sick pay are dismissed.
Constitution of Tribunal:
Vice President: Mr N Kelly
Members: Mr B McAnoy
Ms E Gilmartin
Appearances:
The claimant did not appear and was not represented.
The respondent was represented by Mr C Hamill, Barrister-at-Law, instructed by Conn & Fenton, Solicitors.
1. This was a case which had been listed for hearing on 26 June 2014 for 26 – 28 August 2014. The claimant was present when it was listed in the course of a pre-hearing review and was fully aware of its listing. The claimant sought, by telephone, a postponement on 20 August 2014 on the basis that he was looking after children and that his childminder was not available. He was informed on 22 August 2014 that his application for a postponement had been refused.
2. The claimant in the course of the hearing on 26 August 2014 telephoned the Tribunal, again to ask what was happening with his application for a postponement. The Tribunal is perfectly satisfied that the claimant knew, and knew from Friday 22 August 2014, that his application for a postponement had been refused. He did not attend the hearing and gave no good reason for not doing so.
3. After hearing evidence from Mr Andrew Irwin and Mr Charles Kell, on behalf of the respondent, the Tribunal dismissed the claimant’s claims in an oral decision with reasons.
Vice President:
Date and place of hearing: 26 August 2014, Belfast
Date decision recorded in register and issued to parties: